Download NEFAR Policy Manual Revised

LAST REVISED 9.13.16
THE POLICIES DICTATED WITHIN THIS POLICY MANUAL ARE MEANT TO COINCIDE
WITH AND NOT PRECLUDE OR OVERRIDE
THE BYLAWS OF THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC.
1
SECTION
TABLE OF CONTENTS
PAGE
PAGE INDEXES
2
MISSION STATEMENT
10
VISION STATEMENT
10
VALUE STATEMENT
10
STRATEGIC GOALS
11
HISTORICAL ASSOCIATION INFORMATION
12
SECTION 1- LEADERSHIP
13
1.1
BOARD OF DIRECTOR’S AUTHORITY
13
1.2
COMPOSITION OF THE BOARD OF DIRECTOR
13
1.3
BOARD OF DIRECTOR’S MEETINGS
13
1.4
DIRECTORS ATTENDANCE
13
1.5
AGENDA FOR BOARD OF DIRECTORS MEETING
14
1.6
BOARD OF DIRECTORS MEETING PROCEDURES
14
1.7
POLLING THE DIRECTORS
14
1.8
BOARD OF DIRECTORS LEGAL RESPONSIBILITIES
14
1.9
OFFICERS AND DIRECTORS
15
1.10
EXECUTIVE COMMITTEE
15
1.11
PRESIDENT DUTIES AND QUALIFICATIONS
16
1.12
MINIMUM QUALIFICATIONS FOR PRESIDENT
17
1.13
PRESIDENT-ELECT DUTIES AND QUALIFICATIONS
17
1.14
MINIMUM QUALIFICATIONS FOR PRESIDENT-ELECT
18
1.15
TREASURER DUTIES AND QUALIFICATIONS
18
1.16
MINIMUM QUALIFICATIONS FOR TREASURER
19
1.17
SECRETARY DUTIES AND QUALIFICATIONS
19
1.18
MINIMUM QUALIFICATIONS FOR SECRETARY
19
1.19
NEFAR DIRECTOR DUTIES AND QUALIFICATIONS
20
1.20
MINIMUM QUALIFICATIONS FOR NEFAR DIRECTOR
20
2
1.21
FR DIRECTOR DUTIES AND QUALIFICATIONS
20
1.22
MINIMUM QUALIFICATIONS FOR FR DIRECTOR
21
1.23
NAR DIRECTOR DUTIES AND QUALIFICATIONS
21
1.24
MINIMUM QUALIFICATIONS FOR NAR DIRECTOR
21
1.25
NAR DIRECTOR’S FINANCIAL REIMBURSEMENT
22
1.26
VACANCIES OF OFFICE
22
1.27
REMOVAL OF OFFICERS AND DIRECTORS
22
SECTION 2 –MEMBERSHIP, DUES AND FEES
24
2.1
MEMBERSHIP CLASSIFICATIONS
24
2.2
PRIMARY REALTOR® MEMBERSHIP
24
2.3
PRIMARY AND SECONDARY REALTOR® MEMBERS DEFINED
25
2.4
DESIGNATED REALTOR® MEMBERS
25
2.5
INSTITUTE AFFILIATE MEMBERSHIP
25
2.6
AFFILIATE MEMBERSHIP
25
2.7
ADMINISTRATIVE MEMBERSHIP
26
2.8
HONORARY MEMBERSHIP
26
2.9
STUDENT MEMBERSHIP
26
2.10
MEMBERSHIP APPLICATION
26
2.11
MEMBERSHIP QUALIFICATIONS AND APPROVAL
27
2.12
STATUS CHANGES
30
2.13
CODE OF ETHICS ORIENTATION FOR NEW MEMBERS
30
2.14
CODE OF ETHICS TRAINING FOR CONTINUING MEMBERS
30
2.15
MEMBERSHIP CLASSIFICATION INTENT
31
2.16
BROKER’S REPORTING OF LICENSEES
31
2.17
APPLICATION FEES
31
2.18
ANNUAL DUES
32
2.19
DUES AND DUES BILLING INFORMATION
33
2.20
NON-PAYMENT OF DUES
33
3
2.21
DUES REFUND POLICY
33
2.22
NON-PAYMENT OF FINANCIAL OBLIGATIONS
34
2.23
RESIGNATION OF ACTIVE REALTOR® MEMBERS
34
2.24
MANDATORY ORIENTATION
34
SECTION 3 – COMMITTEES, TASK FORCES AND COUNCILS
36
3.1
NEFAR STANDING COMMITTEES
37
3.2
BUDGET AND FINANCE COMMITTEE
37
3.3
GRIEVANCE COMMITTEE
38
3.4
PROFESSIONAL STANDARDS COMMITTEE
40
3.5
NOMINATING COMMITTEE
41
3.6
LEGISLATIVE COMMITTEE
41
3.7
NEFAR AREA COUNCILS
43
3.8
BEACHES COUNCIL
43
3.9
DOWNTOWN NEIGHBORHOOD COUNCIL
43
3.10
MANDARIN COUNCIL
43
3.11
PONTE VEDRA COUNCIL
43
3.12
PUTNAM COUNCIL
43
3.13
ST. JOHNS COUNCIL
43
3.14
SOUTHWEST AREA COUNCIL
43
3.15
OPERATING RULES FOR ALL AREA COUNCILS
43
3.16
GLOBAL BUSINESS COUNCIL
45
3.17
GLOBAL BUSINESS COUNCIL RULES
46
3.18
YOUNG PROFESSIONALS NETWORK COUNCIL (YPN)
47
3.19
YOUNG PROFESSIONALS NETWORK COUNCIL OPERATING RULES
47
3.20
COMMERCIAL ALLIANCE OF REALTORS (CAR)
48
3.21
COMMERCIAL ALLIANCE OF REALTORS OPERATING RULES
49
3.22
NEFAR TASK FORCES
50
3.23
ACCORD TASK FORCE
50
4
3.24
CANDIDATE SCREENING TASK FORCE
51
3.25
COMMUNITY AFFAIRS TASK FORCE
53
3.26
EDUCATION ADVISORY TASK FORCE
54
3.27
FORMS TASK FORCE
56
3.28
LEADERSHIP DEVELOPMENT TASK FORCE
56
3.29
MEDIATION TASK FORCE
57
3.30
REALTOR® BUILDER TASK FORCE
58
3.31
RPAC AWARENESS AND EVENTS TASK FORCE
59
SECTION 4 – COMMUNICATIONS AND MEDIA PROCEDURES
60
4.1
MEDIA SPOKESPERSON
60
4.2
E-MAIL COMMUNICATIONS
60
4.3
ASSOCIATION PUBLICATIONS AND WEBSITE
60
4.4
MEDIA RELATIONS / SPOKESPERSON
60
4.5
LETTERS TO THE EDITOR
61
4.6
NEWS RELEASES
61
4.7
FLIERS
61
4.8
TIMELINES
61
4.9
EDITING
61
4.10
PHOTOGRAPHS
61
4.11
DEATH/ILLNESS PUBLICATION POLICY
62
4.12
WEBSITE/ELECTRONIC MEDIA POLICY
62
4.13
E-MAIL PRIVACY POLICY
63
4.14
FAX PRIVACY POLICY
63
4.15
OPT-OUT POLICY
63
4.16
SOCIAL MEDIA
64
SECTION 5 – GENERAL OPERATIONAL POLICIES
71
5.1
OPERATING HOURS FOR MAIN OFFICE
71
5.2
OPERATING HOURS FOR SATELLITE SERVICE CENTERS
71
5
5.3
OFFICE KEYS
71
5.4
MEETING AND CONFERENCE ROOMS
71
5.5
PARKING LOT
71
5.6
NO SMOKING POLICY
72
5.7
USE OF VENDORS
72
5.8
SIGNING OF BINDING CONTRACTS OR AGREEMENTS
72
5.9
NOTICES/PROMOTIONS: PUBLICATIONS, WEBSITES, FLYERS
72
5.10
CHARITABLE CONTRIBUTIONS
72
5.11
PERSONNEL POLICIES
73
5.12
RECORD RETENTION POLICY
73
5.13
FLOWERS, MEMORIALS AND DONATIONS
73
5.14
MAILING LISTS
74
5.15
MEMBERSHIP LABELS
74
5.16
MEETING PROTOCOL AND ROBERT’S RULES OF ORDER
75
5.17
RIGHT TO INSPECT
77
5.18
RECORDS EXEMPT FROM INSPECTION
77
5.19
PLACE OF INSPECTION
78
5.20
ALCOHOLIC BEVERAGE POLICY
78
5.21
AFFINITY PROGRAMS POLICY
78
5.22
ANTI-TRUST POLICY
78
5.23
MUSIC LICENSING POLICY
78
5.24
USE OR RENTAL OF ASSOCIATION FACILITIES
78
5.25
COMPLIMENTARY TICKETS TO NON-FUND RAISING EVENTS
80
5.26
NEFAR LICENSING AGREEMENT
81
SECTION 6 – FINANCIAL POLICIES
82
6.1
RETURNED AND INSUFFICIENT CHECKS
82
6.2
PAYMENTS BY CREDIT CARD
82
6.3
REFUNDS
83
6
6.4
CONTRACTS AND BINDING AGREEMENTS
83
6.5
TRANSFER OF MONIES AND FUNDS
83
6.6
SIGNATORIES
83
6.7
SALE AND RESALE POLICIES
83
6.8
DUES BILLING
83
6.9
REQUEST FOR CHECKS, PAYMENTS OR REIMBURSEMENTS
84
6.10
TRAVEL POLICIES AND PROCEDURES
84
6.11
TRAVEL FUNDING FOR OFFICERS, DIRECTORS AND STAFF
87
6.12
PRESIDENTIAL REIMBURSEMENT
89
6.13
MEETING ATTENDANCE POLICY
89
6.14
AUTOMOBILE INSURANCE
89
6.15
ANNUAL AUDIT AND MONTHLY FINANCIALS
89
6.16
AUDIT FIRM QUALIFICATIONS
89
6.17
CPA FIRM
89
6.18
CASH TRANSACTIONS
90
6.19
CASH MANAGEMENT AND INVESTMENT POLICY
90
6.20
INVESTMENT OBJECTIVES AND GUIDELINES
90
SECTION 7 – EDUCATION AND REAL ESTATE SCHOOL
95
7.1
REAL ESTATE SCHOOL
95
7.2
EDUCATION REFUND POLICY
95
7.3
EDUCATION NO SHOW AND RESCHEDULING POLICY
95
7.4
EDUCATION PRICING
95
7.5
CANCELLATION/INCLEMENT WEATHER POLICY
95
7.6
ATTENDANCE AND CERTIFICATE OF COMPLETION
96
7.7
GENERAL EDUCATION INFORMATION
96
7.8
REGISTRATION PROCESS
97
7.9
MEMBER’S SPECIAL NEEDS
97
7
SECTION 8 – PROFESSIONAL STANDARDS AND GRIEVANCE
98
8.1
ARBITRATION FILING
98
8.2
ATTORNEY REPRESENTATION DURING ARBITRATION
98
8.3
REQUEST FOR PROCEDURAL REVIEW OF ARBITRATION HEARING
98
8.4
AWARDS
98
8.5
HEARINGS
99
8.6
MEDIATION
99
8.7
TRAINING
99
8.8
RESPONSE
99
8.9
INTERBOARD ARBITRATIONS
99
8.10
OMBUDSMAN PROGRAM
100
8.11
CHARACTERISTICS AND DUTIES OF THE OMBUDSMAN
100
8.12
CITATION PROGRAM
100
SECTION 9 – LOCK BOX AND KEY ACCESS
9.1
LOCK BOX POLICY
102
9.2
E-KEY ACCESS
103
9.3
ACTIVE KEY ACCESS
103
9.4
SYSTEM FEE INCREASE
104
9.5
LOANING OF KEY, KEY ACCESS AND KEY POSSESSION
104
9.6
AFFILIATE ACTIVE KEY ACCESS
104
SECTION 10 - INDEMNIFICATION & HARASSMENT POLICY
105
10.1
HARASSMENT
105
10.2
DEFENSE AND INDEMNIFICATION OF OFFICERS AND DIRECTORS
105
10.3
CONFLICT OF INTEREST
105
10.4
WHISTLEBLOWER POLICY
106
10.5
JOINT VENTURE POLICY
106
10.6
COMPENSATION DETERMINATION POLICY
107
8
SECTION 11 GOVERNMENT AFFAIRS POLICY
109
11.1
CANDIDATE SUPPORT
109
11.2
LEGISLATIVE SPOKESPERSON
109
11.3
LEGISLATIVE ISSUES
109
11.4
EARLY FUNDING FOR LOCAL CANDIDATES
109
11.5
POLITICAL SIGNS
109
11.6
RPAC REPORTING PROCEDURE
110
11.7
CALLS TO ACTION
110
11.8
KEY CONTACTS
110
11.9
LOBBYING EXPENSES
110
11.10
DEFINITION OF LOBBYING
110
9
“RESPONSIVE SOLUTIONS TO ENSURE YOUR FUTURE”
MISSION STATEMENT
To serve as your advocate and resource for Real Estate in Northeast
Florida
VISION STATEMENT
To be the Association of Choice for the Real Estate
VALUE STATEMENT
Our Values guiding board and staff include:
 Excellence
 Visionary Leadership
 Costumer Driven
 Diversity
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 Ethics and Integrity
NORTHEAST FLORIDA ASSOCIATION OF REALTORS®
2014-2017 STRATEGIC GOALS
1. The Voice and Advocate of Realtors® - Government Relations to
Protect Real Estate and Private Property Rights
2. The Realtor Knowledge Center – Education, Professional
Development, Knowledge and Resources in Real Estate
3. Successful Realtor® Operations – Providing Opportunities, Benefits
and Services to Promote Growth and Retention.
4. Community Service and Realtor Awareness- Promoting the Volunteer
Efforts that Improve the Neighborhoods and Recognize the Contributions of
Realtors.
5. The Model Association – Sustaining the Leadership and Resources to
be a Highly Successful Trade Association
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NORTHEAST FLORIDA ASSOCIATION OF REALTORS®
The NORTHEAST FLORIDA ASSOCIATION OF REALTORS® does not discriminate in
hiring practices, membership, or in any other way regarding race, color, creed, sex, age,
national origin or familial status.
All matters of a policy nature shall be presented in writing and addressed to the Chief
Executive Officer in care of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®’s
main office. Such submission shall be forwarded to the Board of Directors for
consideration at its next scheduled meeting.
A permanent record of all policy actions shall be maintained at the Association’s office.
If approved by the Board of Directors, policy changes or modifications shall be made
part of the policy manual of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
HISTORY OF THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®INC
The NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, Inc. evolved through the
following series of events: 1) In 1912 the Jacksonville Board of Realtors® was chartered
through the National Association of Realtors® and this Association name remained in
effect until 1989.
In 1989, the Jacksonville Association of Realtors was incorporated, as a not for profit,
and the name was changed to the Jacksonville Association of Realtors, Inc and
continued operation under this name until 1995.
In 1995, four local area Associations, the Jacksonville Association of Realtors®, Inc, the
Jacksonville Beaches Board of Realtors, Inc., the Ponte Vedra Beach Association of
Realtors®, Inc., and the Clay County Board of Realtors, Inc. voted to merge the four
Associations to form the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, Inc.
Since the Jacksonville Association of Realtors® held the oldest charter from the
National Association, that corporation’s name was changed to the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®, Inc. effective January 1, 1996 and continues
to operate under the same Federal Tax ID number.
In 1999, the Putnam County Board of Realtors, Inc. and the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®, Inc. voted to merge and the existing Putnam County
Board of Realtor’s corporation was dissolved.
The current geographic jurisdiction of the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®, as recognized by the National Association of Realtors®, is all of Duval,
Clay, and Putnam counties and the former geographic area of the Ponte Vedra
Association of Realtors®.
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SECTION 1 - LEADERSHIP
1.1
BOARD OF DIRECTORS AUTHORITY
a. As defined in the Association Bylaws, the Board of Directors is the governing body of the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS® (NEFAR), and further,
according to the Bylaws, the Board of Directors shall have full power to establish
appropriate operating rules and regulations governing the conduct of its members as
such conduct may relate to the overall interests of the Association.
1.2
COMPOSITION OF THE BOARD OF DIRECTORS
a. The governing body of the Association shall be the Board of Directors consisting of the
President, President-elect, Secretary and Treasurer, plus twelve (12) REALTOR®
Members, the current MLS President, and the Immediate Past President of the
Association. The Chief Executive Officers of NEFAR and NEFMLS shall serve as exofficio members. All Directors’ term of office shall be three (3) years, with the exception
of the current NEFMLS President who shall serve for a term of one (1) year. The
immediate Past President of the Association shall always serve the following year as a
member of the Board of Directors. In the event, that their Directorship expires in the
same year as their presidency, they shall automatically serve an additional year on the
Board of Directors.
1.3
BOARD OF DIRECTORS MEETINGS
a. Regular Board of Directors meetings are held at a time and place to be determined by
the President. The President may call special meetings as needed. No member of the
Association shall be prohibited from attending a Director’s meeting with space permitting
and prior approval of the President, except when discussing Professional Standards
decisions, Grievance cases or other confidential matters. Members will have no
participatory role in the meeting unless formally recognized by the Chair.
1.4
DIRECTORS ATTENDANCE
a. Director’s attendance at every meeting is expected. A Director who misses more than
three (3) meetings during their term, without an excused absence, automatically forfeits
their Directorship. After the second unexcused absence, written notice of this
requirement shall be served to the Director by the Chief Executive Officer or the
President. Directors must vote to accept excused absences at each meeting.
b. Excused absences are:
1. Personal or immediate family illness
2. Attendance at FR/NAR meetings
3. Immediate family death
4. Family vacation – one per year
13
5. Other, as approved by the Board of Directors
1.5
AGENDA FOR BOARD OF DIRECTORS MEETING
a. To have an item placed on the Director’s agenda, contact the current Association
President or Chief Executive Officer. All agenda items are subject to approval by the
President or Chief Executive Officer.
1.6
BOARD OF DIRECTORS MEETING PROCEDURES
a. Director’s meetings shall follow Robert’s Rules of Order. The President shall rule on the
vote and implement the action taken.
1.7
POLLING OF THE DIRECTORS
a. If issues arise requiring action prior to a regularly scheduled Board of Directors meeting,
a vote of the Directors may be taken by a facsimile, conference call or e-mail poll, unless
objected to by any two Directors. If an objection is raised by at least two Directors, the
poll will immediately cease and the President may call a special meeting. The results of
the facsimile, conference call or e-mail poll will then be ratified and recorded into the
minutes of the next Directors meeting.
1.8
BOARD OF DIRECTORS LEGAL RESPONSIBILIITIES
a. NEFAR is incorporated in the State of Florida; therefore, the responsibilities and actions
of the Board of Directors fall under the broad scope of corporate law. Corporations, by
necessity, must act and take initiatives through individuals in responsible roles, such as
Directors.
b. As the representative of the corporation, Directors may authorize the ordinary business
of a corporation within the scope of its Articles of Incorporation. The Board of Directors
of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® (NEFAR) is
responsible for making policy decisions that govern the association within the NEFAR
Articles of Incorporation and Bylaws. Among other duties, the Directors have the
responsibility to:
1. Approve the association’s annual budget;
2. Establish membership dues;
3. Determine public policy positions as they pertain to the real estate industry
4. Approve governing policies of the Association;
5. Enact necessary amendments to the Articles of Incorporation and Bylaws.
c. Good Faith Effort Required
Directors of the corporation have a fiduciary relationship toward the corporation and are
required to use the utmost good faith in the exercise of their power in the interests of the
corporation. A Director must perform their duties, as a Director in a manner that they
reasonably believe to be in the interest of the corporation, with such care as an ordinarily
prudent person in a like position would use under similar circumstances.
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d. Contracts
No contract or other transaction between a corporation and one or more of its Directors
or any other corporation, firm, association or entity in which one or more of its Directors
are Directors or Officers, or are financially interested in, shall be either void or voidable
because of such relationship or interest, because such Director or Directors are present
at the meeting of the Board of Directors or a Committee/Task Force/Council thereof
which authorizes, approves or ratifies such contract or transaction, or because his or her
or their votes are counted for such purpose, if:
1. The fact of such relationship or interest is disclosed or known to the Board of
Directors or Committee/Task Force/Council which authorizes, approves or ratifies
the contract or transaction by a vote or consent sufficient for the purpose without
counting the votes or consents of such interested Directors;
2. The fact of such relationship or interest is disclosed or known to the members
entitled to vote on such contract or transaction, if any, and they authorize,
approve or ratify it by vote or written consent; or
3. The contract or transaction is fair and reasonable to the corporation at the time it
is authorized by the board, Committee/Task Force/ Council or the members.
4. Common or interested Directors may be counted in determining the presence of
a quorum at a meeting of the Board of Directors or a Committee/Task
Force/Council thereof, which authorizes approves or ratifies such contract or
transaction.
e. Representing NEFAR’s Interest
Under Florida law, once an individual assumes the position of an Officer or a Director,
he/she is not representative of the body that elected him/her, but rather is a
representative of the parent corporation, and due to this is required to act in the best
interest of the corporation. As a member of the Board of Directors, Directors represent
all NEFAR members, not only those in their immediate locale or council or Real Estate
Company. An Officer or Director cannot be dictated by anyone how to vote, and is not
obligated to vote a certain way because his/her constituency has a certain opinion.
Officers and Directors are not proxies for the electing group. If they abrogate their right
to vote and just follow the wishes of others, they are in breach of their duty.
1.9
OFFICERS AND DIRECTORS
a. As defined by the Association Bylaws, the elective Officers of the Association shall be a
President, a President-elect, a Treasurer and a Secretary. The President-elect shall
automatically ascend to the office of President for the ensuing year.
1.10
EXECUTIVE COMMITTEE
a. The Board of Directors authorizes the formation of an Executive Committee, which shall
consist of the current President, President-elect, Treasurer, Secretary, the immediate
Past President and Chief Executive Officer.
b. The Executive Committee shall meet as necessary to review Board business and shall
be empowered to act between BOD meetings in the event an emergency arises which
requires action prior to the next regularly scheduled BOD meeting. The Executive
Committee may vote to spend up to $1,000 between regularly scheduled meetings. An
15
Executive Committee meeting quorum shall be at least three (3) voting members
present.
1.11
PRESIDENT’S DUTIES AND QUALIFICATIONS:
a. Shall serve as the Chair of the Board of Directors and provide leadership and direction
for the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
b. Shall promote and encourage new ideas and new leadership.
c. Shall be accountable to the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®
Board of Directors.
d. Shall maintain liaison with the FLORIDA REALTORS® and National Association of
REALTORS®’ Directors within the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®’ jurisdiction.
e. Shall be responsible for upholding the Bylaws and Policies of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®
f.
Shall serve as ex-officio member to all NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®’ committees, Task Forces, and councils.
g. Shall appoint Committees and Task Forces as needed.
h. Shall confer with the Chief Executive Officer of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® in all matters pertaining to Association operations.
i.
Shall encourage input from the Chief Executive Officer and staff of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®.
j.
Shall serve as an official spokesperson for the NORTHEAST FLORIDA ASSOCIATION
OF REALTORS®.
k. Shall preside at the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® general
meetings and meetings of the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS® Board of Directors.
l.
Shall represent the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® at
National Association of REALTORS meetings and all FLORIDA REALTORS® meetings.
m. Shall attend the following National Association of REALTORS® and FLORIDA
REALTORS® meetings, if applicable:
1. FLORIDA REALTORS® Midwinter meeting
2. NATIONAL ASSOCIATION OF REALTORS® Midwinter meeting
3. FLORIDA REALTORS® Annual Convention
4. NATIONAL ASSOCIATION OF REALTORS® Annual Convention
5. DISTRICT ONE Conference, if applicable
16
n. Shall, after attending the above-mentioned meetings, provide a report to the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS's® Board of Directors.
o. Shall visit the monthly Orientation class to perform the welcome and induct new
members into the Association as their personal schedule allows.
p. Shall give an executive briefing to the President-elect of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® at year’s end.
q. Shall conduct oneself, at all times, in a manner, which exemplifies the letter and the spirit
of the Code of Ethics of the National Association of REALTORS®.
1.12
MINIMUM QUALIFICATIONS FOR PRESIDENT
a. Must have been a REALTOR® member in good standing for at least five (5) years.
b. Must be a current REALTOR® member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
c. Must be either a current member of the Board of Directors, or have served as a former
member of the Board of Directors within the last three (3) years, or have served as a
member of the Budget and Finance Committee within the last three years.
1.13
PRESIDENT-ELECT DUTIES AND QUALIFICATIONS
a. Shall prepare to serve as the President/Chair of the Board of Directors of and prepare to
provide leadership and direction for the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®.
b. Shall assume the duties of the President in the absence of the President.
c. Shall assist the President in promoting and encouraging new ideas and new leadership.
d. Shall be accountable to the President of the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®.
e. Shall serve on the Budget and Finance Committee.
f.
Shall assist the President in maintaining liaison with the FLORIDA REALTORS® and
NATIONAL ASSOCIATION OF REALTORS® within the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®’ jurisdiction.
g. Shall preside at the Leadership Changeover meeting.
h. Shall select the Chairs for all association committees, task forces, advisory groups,
except Budget and Finance and Nominating, prior to their Leadership Changeover
meeting for their year of presidency subject to approval by the Board of Directors. Chairs
shall be Realtor members unless otherwise approved by the Board of Directors.
i.
Shall appoint FR Directors for their year of presidency subject to approval by the Board
of Directors.
j.
Shall attend the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Board of
Directors and general meetings.
k. Shall perform all other duties as directed by the President.
17
l.
Shall conduct oneself, at all times, in a manner, which exemplifies the letter and the spirit
of the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.
m. Shall attend the following meetings:
1. FLORIDA REALTORS® Midwinter Meeting
2. FLORIDA REALTORS® Annual Convention
3. FLORIDA REALTORS® Spokesperson’s Training
4. FLORIDA REALTORS® Chief Executive Officer Symposium
5. NATIONAL ASSOCIATION OF REALTORS Midwinter Meeting
6. NATIONAL ASSOCIATION OF REALTORS Annual Convention
7. NATIONAL ASSOCIATION OF REALTORS Leadership Summit
8. District One Conference, if applicable
n. Shall annually appoint the Chair and Vice Chair of the Grievance and Professional
Standards Committees, for their year of presidency, subject to confirmation by the Board
of Directors no later than the September meeting of the Board of Directors.
1.14
MINIMUM QUALIFICATIONS FOR PRESIDENT-ELECT
a. Must have been a REALTOR® member in good standing for at least four (4) years.
b. Must be a current REALTOR member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
c. Must be either a current member of the Board of Directors, or have served as a former
member of the Board of Directors within the last three (3) years, or have served as a
member of the Budget and Finance Committee within the last three years.
1.15
TREASURER DUTIES AND QUALIFICATIONS:
a. Shall serve as Chair of the Budget and Finance Committee of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®.
b. Shall supervise the formulation of revisions to the annual budget of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®® for the midyear budget review meeting.
c. Shall supervise the formulation of a projected annual budget for the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® for the next fiscal year.
d. Shall assist the President and President-elect in promoting and encouraging new ideas
and new leadership
e. Shall be accountable to the President of the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®.
f.
Shall attend the NEFAR Leadership Changeover meeting.
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g. Shall attend the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Board of
Directors and general meetings.
h. Shall perform all other duties as directed by the President.
i.
Shall conduct oneself, at all times, in a manner, which exemplifies the letter and the spirit
of the Code of Ethics of the National Association of REALTORS®.
j.
Shall monitor NEFAR investments and report monthly to the Board of Directors.
k. Shall periodically spot check the check register, checks and disbursements for
compliance with the established policies or guidelines.
l. Shall attend the District One Conference, if applicable.
1.16
MINIMUM QUALIFICATIONS FOR TREASURER
a. Must have been a REALTOR® member in good standing for at least three (3) years.
b. Must be a current REALTOR® member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
c. Must be either a current member of the Board of Directors, or have served as a former
member of the Board of Directors within the last three (3) years, or have served as a
member of the Budget and Finance Committee within the last three years.
1.17
SECRETARY DUTIES AND QUALIFICATION:
a. Shall be responsible for supervising and signing the official records of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®.
b. Shall assist the President and President-elect in promoting and encouraging new ideas
and new leadership.
c. Shall be accountable to the President of the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®.
d. Shall attend the Leadership Changeover meeting.
e. Shall attend the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Board of
Directors and general meetings.
f.
Shall perform all other duties as directed by the President.
g. Shall conduct oneself, at all times, in a manner, which exemplifies the letter and the spirit
of the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.
h. Shall attend the DISTRICT ONE Conference if applicable.
1.18
MINIMUM QUALIFICATIONS FOR SECRETARY
a. Must have been a REALTOR member in good standing for at least three (3) years.
b. Must be a current REALTOR® member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
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c. Must be either a current member of the Board of Directors, or have served as a former
member of the Board of Directors within the last three (3) years, or have served as a
member of the Budget and Finance Committee within the last three years.
1.19
NEFAR DIRECTOR DUTIES AND QUALIFICATIONS
a. Shall serve the term of office as elected, appointed, or dictated in the Bylaws of the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
b. Shall, in concert with the other Directors, act as the governing body of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® in accordance with the Bylaws of the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
c. Shall, in concert with the other Directors, have full power to establish and enforce
appropriate operating rules and regulations governing the conduct of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® and its membership as such conduct may
relate to the overall interests of the association.
d. Shall, in concert with the other Directors, be entrusted with the ultimate fiscal and
operational responsibility for the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS®.
e. Shall set aside personal bias and fully support the position on issues as voted upon by
the Board of Directors of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
f.
Shall, at all times, represent the interests of the NORTHEAST FLORIDA ASSOCIATION
OF REALTORS® membership.
g. Shall keep abreast of issues that may impact the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
h. Shall promote and encourage new ideas and leadership.
i.
Shall attend the Leadership Changeover meeting.
j.
Shall attend the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Board of
Directors and general meetings and all other special meetings.
k. Shall conduct oneself, at all times, in a manner, which exemplifies the letter and spirit of
the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.
l.
Shall maintain appropriate confidentiality of all confidential association business.
m. Shall disclose any potential or personal conflicts of interest prior to voting on any
association business and shall abstain from voting if a true business conflict exists.
1.20
MINIMUM QUALIFICATIONS FOR NEFAR DIRECTOR
a. Must meet the eligibility guidelines as stated in the Bylaws of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®.
b. Must have been a REALTOR® in good standing for at least two (2) years.
c. Must be a current REALTOR® member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
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1.21
FR DIRECTOR DUTIES AND QUALIFICATIONS:
a. Must attend all regularly scheduled FR Director meetings and District Caucus’ for the
year unless excused by the President.
b. Shall be current on all issues pertinent to the FLORIDA REALTORS® and upon receipt
of the slate of issues provided by FR, solicit information and opinions from the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Board of Directors.
c. Shall become well informed and vote their best judgment in all matters.
d. Shall provide a consensus report to the Board of Directors of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® after attending the FR meetings.
e. Shall conduct oneself, at all times, in a manner, which exemplifies the letter and spirit of
the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.
f.
1.22
Shall attend the DISTRICT ONE Conference.
MINIMUM QUALIFICATIONS FOR FR DIRECTOR:
a. Must be a REALTOR® member in good standing of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® for two (2) years.
b. Must be serving or have served as a Director of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
1.23
NAR DIRECTOR DUTIES AND QUALIFICATIONS:
a. Agrees to serve on a minimum of one NAR Committee each year.
b. Agrees to attend the NAR Member Director Forum each meeting.
c. Agrees to attend all regularly scheduled NAR business meetings.
d. Agrees to attend FR/NAR Director's Caucus each meeting.
e. Agrees to attend the Region V Director's Caucus each meeting.
f.
Agrees to attend each NAR Board of Director's meeting to its conclusion.
g. Agrees to provide a consensus report to the NEFAR Directors after each NAR meeting
attended.
h. Agrees to stay current on all issues pertinent to NAR and upon obtaining slate of issues
provided by NAR, solicit information and opinions from NEFAR Directors.
i.
Agrees to conduct oneself, at all times, in a manner, which exemplifies the letter and
spirit of the Code of Ethics.
j.
Agrees to become well informed and vote in the best interest of NAR.
1.24
MINIMUM QUALIFICATIONS FOR NAR DIRECTOR
a. Be a current full time REALTOR® in good standing with NEFAR, FR and NAR.
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b. Have served or currently serving as a FR Director in the last two years.
c. Have served or currently serving on a FR Committee in the last two years.
d. Have attended at least two of the FR meetings in the last two years.
e. Have attended at least two of the last three NAR meetings. (FR Requires)
f.
1.25
Have served or currently serving as a NEFAR Director.
NAR DIRECTOR’S FINANCIAL REIMBURSEMENT
a. NAR Director shall notify FR and submit to FR for reimbursement of expenses as
allowed by FR policy per meeting.
b. NEFAR will reimburse its NAR Director for the balance of reasonable and justified
expenses for NAR business meetings.
c. Should the NAR Director, based on their personal actions or other actions, lose the
maximum FR reimbursement for their expenses, then the Director shall first personally
pay justified expenses equal to an amount that the Director would have received from
the FR reimbursement and document same before NEFAR’s Chief Executive Officer or
the Executive Committee would consider reimbursing the balance of the Director’s
reasonable and justified expenses. NEFAR reserves the right to not reimburse the
balance until the Chief Executive Officer and/or the Executive Committee reviews the
matter. The Executive Committee will be those NEFAR Officers not acting as a current
NAR Director and the Chief Executive Officer. The Executive Committee’s decision will
be final with a written appeal process to the full NEFAR Board of Directors.
1.26
VACANCIES OF OFFICE
a. Vacancies among the Officers (except President and President-elect) and the Board of
Directors shall be filled by a person appointed by the Association President and
approved by the Association’s Board of Directors within 30 days of said vacancy.
b. Upon the vacancy of the office of President, the President-elect shall fill the vacancy as
interim President until the Nominating Committee’s recommendation of the new
President is approved by the Board of Directors and a vote of the REALTOR® members.
c. Upon the vacancy of the Office of President-elect, the Nominating Committee shall be
called to nominate a new President-elect who shall automatically become President in
the ensuing year, upon approval of the Board of Directors and subject to approval by the
REALTOR® members.
1.27
REMOVAL OF NEFAR OFFICERS OR DIRECTORS
a. In the event, that an Officer or Director is deemed, by the Board of Directors, to be
incapable of fulfilling the duties for which elected but will not resign from office
voluntarily, the Officer or Director may be removed from office under the following
procedures.
b. A petition containing the signatures of not less than fifty (50) REALTORS®, eligible to
vote, requesting the removal of an Officer or Director, shall be filed with the President, or
if the President is the subject of the petition, with the next ranking Officer, and shall
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specifically set forth the reasons the individual is deemed to be disqualified from further
service.
c. Upon receipt of the said petition and no fewer than 14 days or more than 28 days
thereafter, a special meeting of the Board of Directors shall be held with the sole
business of the meeting being to consider the charge against the Officer/Director. The
Officer/Director whose ability to serve is in question will be notified of the charges prior to
the meeting and will be invited to the meeting to respond to the reasons for dismissal
from service and to answer questions about the specific charges. After the
Officer/Director’s response has been heard, the Officer/Director shall be excused from
the meeting, and the remaining Directors shall render a decision on the request for
removal.
d. The special meeting shall be noticed to all Directors, including the Officer/Director whose
ability to serve is in question, at least five (5) days prior to the meeting, and shall be
conducted by the President unless the President’s continued service in office is being
considered at the meeting. In such case, the next ranking Officer will conduct the
meeting.
e. Provided a quorum is present, a two-thirds vote of the Directors present (excluding the
Officer/Director in question) shall be required for removal from office. The Officer
/Director in question shall have the right to have counsel present during the meeting until
a call for the vote is issued. If the Officer/Director in question waives the right to attend
the meeting or to have counsel present at the meeting, the meeting may proceed and a
vote of the Directors may be taken. In all circumstances, the vote of the Directors is final.
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SECTION 2 –MEMBERSHIP, DUES AND FEES
2.1
MEMBERSHIP CLASSIFICATIONS
a. The members of the Association shall consist of individual members only. There shall be
the following classes of members:
2.2
1. Primary REALTOR®\
5. Secondary Affiliate
2. Secondary REALTOR®
6. Administrative Member
3. Institute Affiliate
7. Honorary
4. Primary Affiliate
8. Student
PRIMARY REALTOR® MEMBERSHIP
REALTOR® members, whether primary or secondary, shall be:
a. Individuals duly licensed by the Florida Department of Business and Professional
Regulation, who as sole proprietors, partners, corporate officer, managers of a limited
liability company or members of a member-managed limited liability company, or branch
office managers, are engaged actively in the real estate profession including buying,
selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, or financing, building, developing or subdividing real estate and who
maintain or are associated with an established real estate office in the State of Florida or
a state contiguous thereto. All persons who are partners in a partnership or all Officers in
a corporation who are actively engaged in the real estate profession within the State of
Florida or a state contiguous thereto shall, if qualified, be REALTOR® Members only,
and each is required to hold REALTOR® Membership, except as provided in the
following paragraph, in a board or association of REALTORS® within the State of Florida
or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership
as described herein. In the case of a real estate firm, partnership, or corporation, whose
business activity is substantially all commercial, only those principals actively engaged in
the real estate business in connection with the same office, or any other offices within
the jurisdiction of the association in which one of the firm’s principals holds REALTOR®
membership, shall be required to hold REALTOR® membership unless otherwise
qualified for Institute Affiliate membership as described herein;
b. Individuals who are engaged in the real estate profession other than as sole proprietors,
partners corporate officers, managers of a limited liability company or members of a
member-managed limited liability company or branch office managers but who are in
positions of management control and who have a valid and current Broker-Salespersons
license issued by the Florida Department of Business and Professional Regulation, and
meet the qualifications set out in Article V of the Association Bylaws;
c. Franchise Realtor Membership: Corporate Officers (who may be licensed or unlicensed)
of a real estate brokerage franchise organization with at least one hundred fifty (150)
franchises located within the United States, its insular possessions and the
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Commonwealth of Puerto Rico, elected to membership pursuant to the provisions in the
NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges
and obligations of REALTOR® membership (including compliance with the Code of
Ethics) EXCEPT: obligations related to Association mandated education, meeting
attendance or orientation classes or other similar requirements; the right to use the term
REALTOR® in connection with their franchise organization’s name; the right to hold
elective office in the local association, state association and national association.
2.3
PRIMARY AND SECONDARY REALTOR® MEMBERS DEFINED:
a. An individual is a primary member if the Association pays state and national dues based
on such Member. An individual is a secondary member if state and national dues are
remitted through another association or board of REALTORS®. One of the principals in
a real estate firm must be a Designated REALTOR® member of the Association in order
for licensees affiliated with the firm to select the Association as their "primary"
Association.
2.4
DESIGNATED REALTOR® MEMBERS
a. Each firm (or office in the case of firms with multiple office locations) shall designate in
writing one REALTOR® Member who shall be responsible for all duties and obligations
of Membership including the obligation to arbitrate pursuant to the Code of Ethics and
the payment of association dues as established in these Bylaws. The "Designated
REALTOR®" must be a Sole Proprietor, Principal, Partner, Corporate Officer, or Branch
Office Manager who has a Broker, Broker-Associate or Sales-Associate license if there
is no other Designated REALTOR® member and who is acting on behalf of the firm's
principal(s), and must meet all qualifications for REALTOR® membership established in
these Bylaws.
2.5
INSTITUTE AFFILIATE MEMBERSHIP
a.
Institute Affiliate members shall be individuals who hold a professional designation
awarded by a qualified Institute, Society or Council affiliated with the National
Association of REALTORS® that addresses a specialty area other than residential
brokerage, or individuals who otherwise hold a class of membership in such Institute,
Society or Council that confers the right to vote or hold office in such Institute, Society or
Council. Any such individual if otherwise eligible may elect to hold REALTOR®
membership subject to payment of applicable dues for such membership. Institute
Affiliate members may not use the term REALTOR® in any manner and may not serve
as an Officer or Director of the Association and may not participate in the Northeast
Florida Multiple Listing Service (of which the Association is a stockholder) unless they
are otherwise a participant therein, nor may they vote on any Association matters or
lease or purchase a lock box or lock box key.
2.6
AFFILIATE MEMBERSHIP
a. Affiliate Members shall be real estate owners or other individuals who, while not
engaged in the real estate profession as defined above, nevertheless have interests
requiring information concerning real estate and are in sympathy with the objectives of
the Association. Affiliate membership may be granted to individuals licensed or certified
to engage in real estate practice who, if otherwise eligible, do not elect to hold
REALTOR® membership in the Association, provided the applicant is engaged
exclusively in a specialty area of the real estate business other than the brokerage of
real property. Each application for Affiliate Membership shall be subject to approval by
the Board of Directors. Primary and Secondary Affiliate members have no voting rights.
Last Updated 3.24.17 by William Glenn East
25
b. Primary Membership: Shall be held by an officer of a company or branch office of a
company, by a non-officer who is the only Association member from a particular
company or branch office.
c. Secondary Membership: Shall be held by persons of a company or branch office who
are Association members in addition to the Primary member.
d. Primary Affiliate Membership is transferable, as long as it is the person assuming the
duties/position of the original Primary Affiliate Member within their company or branch
office. However, the person who assumes the primary membership must be approved by
the Board of Directors and be formally inducted, taking the membership pledge.
Secondary affiliate membership is not transferable.
2.7
ADMINISTRATIVE MEMBER
a. Administrative members are full-time unlicensed (including inactive licensees)
employees of REALTORS®, Institute Affiliates or Affiliates. Full-time shall be deemed to
mean working at least 30 hours a week on a regular basis. Administrative member
benefits are limited to participation in NEFAR’S benefits programs, (i.e. health insurance,
etc) provided appropriate dues and fees are paid. Administrative members have no other
benefits and do not vote.
2.8
HONORARY MEMBERSHIP
a. Honorary Membership shall be granted by the Board of Directors, which retains the right
to revoke this status at any time without cause. The NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® may grant Honorary Membership to REALTORS®, or
individuals not engaged in the real estate profession, who have retired from the active
real estate profession, who may still be active but have moved out of the Association’s
jurisdiction and have performed notable service and/or contributions to the real estate
profession, for the Association, or for the public.
b. Honorary Membership shall confer no rights except the right to attend all meetings
except Professional Standards hearings and Grievance meetings, and participate in
discussions, and shall impose no obligations, including the paying of NEFAR dues.
2.9
STUDENT MEMBERS
a. Student Members shall be individuals who are seeking an undergraduate or graduate
degree with a specialization or major in real estate at institutions of higher learning and
who have completed at least two years of college and at least one college level course
in real estate, but are not engaged in the real estate profession on their own account or
not associated with an established real estate office.
2.10
MEMBERSHIP APPLICATION
a. An application for membership shall be made in such a manner and form as may be
prescribed by the Board of Directors and made available to anyone requesting it. The
application form shall contain among other things, the statements to be signed by the
applicant agrees as a condition to membership to:
1. that applicant agrees as a condition of membership to famiIiarize himself/herself
with the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS will
abide by the Constitution, Bylaws and Rules and Regulations of the Association,
FLORIDA REALTORS, and the NATIONAL ASSOCIATION OF REALTORS®
Last Updated 3.24.17 by William Glenn East
26
including the obligation to arbitrate (or to mediate if required by the Association)
controversies arising out of real estate transactions as specified by Article 17 of
the Code of Ethics and Arbitration Manual of the National Association of
REALTORS®, and as further specified as from time to time amended, and
2. the applicant consents that the Association, through its membership department
or otherwise, may invite and receive information and comment about applicant
from any member or other persons, and that applicant agrees that all information
and comment furnished to the Association by any person in response to the
invitation shall be conclusively deemed to be privileged and not form the basis of
any action for slander, libel, or defamation of character. The applicant shall, with
the form of application, have access to a copy of the Bylaws, Constitution, Rules
and Regulations, and Code of Ethics referred to above.
2.11
MEMBERSHIP QUALIFICATIONS AND APPROVAL
a. Membership qualification requirements in addition to those expressed in the Bylaws may
be adopted by a majority of the REALTOR® Members of the Association present at any
regular meeting provided such requirements do not conflict with the Bylaws or the
Constitution and Bylaws of the National Association of REALTORS®. The National
Association of REALTORS’ bylaws prohibits Member Associations from knowingly
granting REALTOR® membership to any applicant who has an unfilled sanction pending
which was imposed by another Association of REALTORS® for violation of the Code of
Ethics.
b. An applicant for REALTOR® Membership who is a sole proprietor, partner, corporate
officer, managers of a limited liability company or members of a member-managed
limited liability company, or branch office manager of a real estate firm shall supply
evidence satisfactory to the Association, through its staff, Membership Department or
otherwise, that (s)he is actively engaged in the real estate profession, and maintains a
current, valid real estate broker’s, broker associate's or sales associate's license or is
licensed or certified by an appropriate state regulatory agency to engage in the appraisal
of real property, has a place of business within the State of Florida or a state contiguous
thereto (unless a secondary member), has no record of recent or pending bankruptcy,
has no record of official sanctions involving unprofessional conduct, agrees to complete
a course of instruction covering the Bylaws and Rules and Regulations and Policies of
the Association, the Bylaws FLORIDA REALTORS®, and the Constitution and Bylaws
and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass
such reasonable and nondiscriminatory written examination thereon as may be required
by the Association, its Membership Department and shall agree that if elected to
membership (s)he will abide by such Constitution, Bylaws, Rules and Regulations,
Policies and the Code of Ethics.
c. Individuals who are actively engaged in the real estate profession other than as sole
proprietors, partners, corporate officers, managers of a limited liability company or
members of a member-managed limited liability company or branch office managers in
order to qualify for REALTOR® Membership, shall at the time of application be
associated either as an employee or an independent contractor with a Designated
REALTOR® Member of the Association or a Designated REALTOR® Member of
another association (if a secondary member) and must maintain a current, valid real
estate broker’s, broker associate's or sales associate's license or be licensed or certified
by an appropriate state regulatory agency to engage in the appraisal of real property,
has no record of official sanctions involving unprofessional conduct, shall complete a
course of instruction covering the Bylaws and Rules and Regulations and Policies of the
Association ,the Bylaws of the FLORIDA REALTORS®, and the Constitution and Bylaws
and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass
such reasonable and nondiscriminatory written examination thereon as may be required
by the Association through its Membership Department or otherwise and shall agree in
Last Updated 3.24.17 by William Glenn East
27
writing that if elected to membership (s)he will abide by such Constitution, Bylaws, Rules
and Regulations, Policies and the Code of Ethics.
d. The Association will also consider the following in determining an applicant’s
qualifications for REALTOR® membership:
1. All final findings of Code of Ethics violations and violations of other membership
duties in this or any other REALTOR® association within the past three (3) years.
2. Pending ethics complaints (or hearings).
3. Unsatisfied discipline pending.
4. Pending arbitration requests or hearings.
5. Unpaid or pending arbitration awards or unpaid financial obligations to any other
association or REALTOR® association multiple listing service.
6. Any misuse of the term REALTOR® or REALTORS® in the name of applicant's
firm.
“Provisional” membership may be granted in instances where ethics complaints
or arbitration requests (or hearings) are pending in other associations or where
the applicant for membership has unsatisfied discipline pending in another
association (except for violations of the Code of Ethics) provided all other
qualifications for membership have been satisfied. Associations may reconsider
the membership status of such individuals when all pending ethics and arbitration
matters (and related discipline) have been resolved or if such matters are not
resolved within six months from the date that provisional membership is
approved. Provisional members shall be considered REALTORS® and shall be
subject to all of the same privileges and obligations of REALTOR® membership.
If a member resigns from another local association with an ethics complaint or
arbitration request pending, NEFAR (the Association) may condition membership
on the applicant’s certification that (s)he will submit to the pending ethics or
arbitration proceeding (in accordance with the established procedures of the
association to which the applicant has made application) and will abide by the
decision of the hearing panel.
e. If a REALTOR® Member submits an objection, the Committee shall invite the REALTOR
Member to appear and substantiate the objection(s). The applicant shall have the
opportunity to respond to the objection(s). After all objections and responses have been
considered, the Association, its Membership Benefits Committee or otherwise shall
submit, with the Committee recommendations, every REALTOR® membership
application to the Board of Directors for final action.
f. No recent or pending bankruptcy is intended to mean that the applicant or any real
estate firm in which the applicant is a sole proprietor, general partner, corporate officer,
managers of a limited liability company or members of a member-managed limited
liability company, or branch office manager is not involved in any pending bankruptcy or
insolvency proceedings or, has not been adjudged bankrupt in the past three years. If a
bankruptcy proceeding as described above exists, membership may not be rejected
unless the Association establishes that its best interests and those of its members and
the public could not be adequately protected by requiring that the bankrupt applicant pay
cash in advance for Association and Northeast Florida Multiple Listing Service, Inc.
due/fees for up to one year from the date that membership is approved or from the date
the applicant is discharged from bankruptcy (whichever is later). In the event, that an
existing member initiates bankruptcy proceedings, the member may be placed on a
"cash basis" from the date bankruptcy is initiated until one year from the date that the
member has been discharged from bankruptcy.
g. No record of official sanctions involving unprofessional conduct is intended to mean that
the Association may only consider judgments within the past three years of violations of
(1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting
unprofessional conduct against the applicant rendered by the courts or other lawful
authorities.
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28
Criminal convictions if (1) the crime was punishable by death or imprisonment in excess
of one year under law under which the applicant was convicted, and (2) no more than
(10) years have lapsed since the date of conviction or the release of the applicant from
confinement imposed for that conviction, whichever is the later date.
h. Each applicant must make a pledge during the Induction Ceremony, expressing
agreement to abide by and comply with the provisions of the Bylaws, Rules and
Regulations and policies of the Association, and in the case of REALTOR® Members,
with the Code of Ethics of the National Association of REALTORS®.
i. If any non-member salesperson, as defined by the NATIONAL ASSOCIATION OF
REALTORS®, applies for REALTOR® status and fails to attend an Orientation class
within 90 days after submitting application, or fails to be inducted during one of two
consecutively scheduled induction ceremonies, the Applicant's fees shall not be
refunded.
j. All applicants for REALTOR® status shall take the orientation program on the Code of
Ethics unless waived by the Board of Directors because the applicant has previously
taken an Orientation program given by an Association of REALTORS® in Florida within
two years, and if approved, shall be inducted within 90 days after submitting application.
Until inducted into the Association the applicant may not use the term REALTOR® and
unless they are otherwise a Participant or Subscriber therein, the applicant may not use
the Northeast Multiple Listing Service, Inc. For those Brokers, Broker Associates, Sales
Associates and Florida State Registered, Licensed or Certified Appraisers who are not
principals but are affiliated with a principal who is a Participant Subscriber in the
Northeast Florida Multiple Listing Service Inc., access to the multiple listing service
information through the Participant Subscriber may be provided as soon as that licensee
becomes affiliated with the Participant and need not wait until an application for
membership in the Association is approved. If the applicant withdraws the application
after approval by the Association for membership, the applicant will forfeit the application
fee. If the applicant withdraws before approval or denial by the Association, the
applicant's full application fee will be refunded.
Either the Board of Directors or the Chief Executive Officer shall have the authority to
waive the payment of an application fee if an applicant has previously paid an
application fee for the same classification of membership within a two-year period. The
application fee shall accompany each application for membership and it shall become
the property of the Association upon final approval of the application. The application is
in no way part of the membership dues and shall not exceed three times the amount of
annual dues for REALTOR® members.
k. All applicants for REALTOR® membership shall be granted provisional membership
immediately upon submission of a completed application form and remittance of
applicable association dues and any application fee. Provisional members shall be
considered REALTORS® and shall be subject to all of the same privileges and
obligations of membership. Provisional membership is granted subject to subsequent
review of the application by the Board of Directors. If the Board of Directors determines
that the individual does not meet all of the qualifications for membership as established
in the association's bylaws, or, if the individual does not satisfy all of the requirements of
membership within 90 days from the Association's receipt of their application,
membership may, at the discretion of the Board of Directors, be terminated.
l. All applicant dues shall be computed from the date of application and shall be nonrefundable unless the association's Board of Directors terminates the individual's
membership in accordance with the subsection above. In such instances, dues shall be
returned to the individual less a prorated amount to cover the number of days that the
individual received association services and any application fee.
m. The Board of Directors may not terminate any provisional membership without providing
the provisional member with advance notice, an opportunity to appear before the Board
of Directors, to call witnesses on his behalf, to be represented by counsel, and to make
such statements, as he deems relevant. The Board of Directors may also have counsel
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present. The Board of Directors shall require that written minutes be made of any
hearing before it or may electronically or mechanically record the proceedings.
n. If the Board of Directors determines that provisional membership should be terminated, it
shall record its reasons with the Chief Executive Officer. If the Board of Directors
believes that termination of provisional membership may become the basis of litigation
and a claim of damage by a provisional member, it may specify that termination shall
become effective upon entry in a suit by the Association for a declaratory judgment by a
court of competent jurisdiction, of a final judgment declaring that the termination violates
no rights of the individual.
2.12
STATUS CHANGES.
a. A REALTOR® who changes the conditions, under which (s)he hold membership, shall
be required to provide written notification to the Association within 30 days. A
REALTOR® (non-principal) who becomes a principal in the firm with which (s)he has
been licensed or, alternatively, becomes a principal in a new firm which will be comprised
of REALTOR® principals may be required to satisfy any previously unsatisfied
membership requirements applicable to REALTOR® (principal) Members, but shall,
during the period of transition from one status of membership to another, be subject to all
of the privileges and obligations of a REALTOR® (principal). If the REALTOR® (nonprincipal) does not satisfy the requirements established in these Bylaws for the category
of membership to which they have transferred within 30 days of the date they advised
the Association of their change in status, their new membership application will terminate
automatically unless otherwise so directed by the Board of Directors.
b. A REALTOR® who is transferring their license from one firm comprised of REALTOR®
principals to another firm comprised of REALTOR® principals shall be subject to all of
the privileges and obligations of membership during the period of transition. If the
transfer is not completed within 10 days of the date the Association is advised of the
disaffiliation with the current firm, membership will terminate automatically unless
otherwise directed by the Board of Directors. The Board of Directors, at its discretion,
may waive any qualification, which the applicant has already fulfilled in accordance with
the Association’s Bylaws.
c. Any application fee related to a change in membership status shall be reduced by an
amount equal to any application fee previously paid by the applicant. Dues shall be
prorated from the first day on the month in which the member is notified of election by
the Association and shall be based on the new membership status for the remainder of
the year.
2.13 CODE OF ETHICS ORIENTATION FOR NEW MEMBERS
a. Applicants for REALTOR® membership and provisional REALTOR® members (where
applicable) shall complete an orientation program on the Code of Ethics of not less than
two hours and thirty minutes of instructional time that meets the learning objectives and
minimum criteria established from time to time by the National Association of
REALTORS®. This requirement does not apply to applicants for REALTOR®
membership or provisional members who have completed comparable orientation in
another association, provided that REALTOR® membership has been continuous, or
that any break in membership is for one year or less.
b. Failure to satisfy this requirement within 90 days of the date of application (or,
alternatively, the date that provisional membership was granted), will result in denial of
the membership application or termination of the provisional membership.
NOTE: Orientation programs must meet the learning objectives and minimum criteria
established from time to time by the NATIONAL ASSOCIATION OF REALTORS®
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2.14 CODE OF ETHICS TRAINING FOR CONTINUING MEMBERS.
a. NAR Required quadrennial Code of Ethics training shall remain in effect until December
31, 2016. Effective January 1, 2017, through December 31, 2018, and for successive
two-year periods thereafter, each REALTOR® member of the Association (with the
exception of REALTOR® members granted REALTOR® EMERITUS status) shall be
required to complete biennial ethics training of not less than two hours and thirty minutes
of instructional time. This requirement will be satisfied upon presentation of
documentation that the member has completed a course of instruction conducted by this
or another or association, FLORIDA REALTORS®, the NATIONAL ASSOCIATION OF
REALTORS®, or any recognized educational institution or provider which meets the
learning objectives and minimum criteria established by the NATIONAL ASSOCIATION
OF REALTORS® from time to time.
b. REALTOR® members who have completed training as a requirement of membership in
another board or association and REALTOR® members who have completed the New
Member Code of Ethics Orientation during any two-year cycle shall not be required to
complete additional ethics training until a new two-year cycle commences. Failure to
satisfy this periodic ethics training shall be considered a violation of a membership duty.
Failure to meet the requirement for the second (2019-2020) cycle and subsequent (2)
year cycles will result in suspension of membership for the first two months (January &
February) of the year following the end of any (2) year cycle or until requirement is met,
whichever occurs sooner. On March 1 of that year, the membership of a member who is
still suspended as of that date will be automatically terminated.
2.15
MEMBERSHIP CLASSIFICATION INTENT
a. It is the intention of NEFAR’s Bylaws to require that Members in any classification must
at all times have a classification status in agreement with their current real estate license
and their relationship with their REALTOR® or employer.
2.16
BROKER’S REPORTING OF LICENSEES
a. All Designated REALTORS® are required to report to the Association all new licensees
immediately but not later than 45 days of affiliation with them.
b. If after 45 days the new licensee has not joined the Association, the Designated
REALTOR® will be notified (either by telephone, fax, email or letter) and if the dues or a
DBPR change of status form have not reached the Association Office within 15 days
after notification, the Designated REALTOR® will automatically be fined $100 per
unreported licensee, and a notice will be sent informing the Designated REALTOR® of
the fine.
c. If all fines and outstanding dues are not paid by the Designated REALTOR® or a DBPR
RE11 form has not been received within 10 days of the date of notification of the fine,
the Designated REALTOR’S membership shall be suspended for a period of 90 days,
subject to approval by the Board of Directors.
2.17
APPLICATION FEES
a. Each applicant for membership in the Association shall present, with a fully executed
application, a copy of current license, and an application fee as follows:
1. REALTOR® Member
$250
2. Primary Affiliate
$100
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3. Secondary Affiliate
$ 65
4. Administrative Member
$
5. Secondary REALTOR® Member
$ 25
0
b. If for any reason the application is not accepted, the application fee shall be promptly
refunded. The Board of Directors shall have the authority to waive the payment of an
application fee if an applicant has previously paid an application fee for the same
classification of membership. The application fee is in no way part of the membership
dues and shall not exceed three (3) times the amount of the annual dues.
c. Any classification of Association member, including REALTOR, Institute Affiliate, or
Affiliate who leaves the Association for over a period of two (2) years and who wishes to
rejoin, shall be subject to full application fees appropriate to membership classification
applied for.
d. Any REALTOR® member of another Association in the State of Florida, whose local, FR
and NAR dues are paid and holds a current Secondary Realtor membership in NEFAR,
may transfer from their current Association to the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® with payment of a $225 Association transfer fee and
NEFAR local dues.
2.18
ANNUAL DUES
a. Designated REALTOR®: The annual dues for each Designated REALTOR® Member
shall be $491 until revised by the Board of Directors (amount includes FR & NAR dues
and assessments); plus an amount equal to $491 (amount includes FR & NAR dues and
assessments) times the number of Registered Real Estate Sales-Associates or BrokerAssociates and licensed or certified appraisers employed by or affiliated with the
Designated REALTOR® Member, who are not Members of any Association in Florida or
a state contiguous thereto, or Institute Affiliate Members. If two or more REALTORS®
are principals in the same firm, partnership, or corporation, then only one REALTOR® as
designated from time to time by such firm, partnership or corporation to be known as the
Designated REALTOR®, shall be required to pay that portion of the dues which is based
on the number of Registered Real Estate Sales-Associates or Broker-Associates and
licensed or certified appraisers affiliated with such firm, partnership or corporation. In the
case of a Designated REALTOR® Member in a firm, partnership, or corporations whose
business or activity is substantially all commercial, any assessments for non-member
licensees shall be limited to licensees affiliated with the Designated REALTOR® in the
office where the Designated REALTOR® holds membership, and any other offices of the
firm located with the jurisdiction of this Association.
b. REALTOR® (other than DR): The annual dues for REALTORS® (other than DR) shall
be $491 (amount includes FR and NAR dues and assessments).
c. Institute Affiliate Member: The annual dues for an Institute Affiliate member shall be paid
through their NAR Institute, Society or Council in which they are a member.
d. Primary Affiliate Member: The annual dues for a Primary Affiliate member shall be $250.
e. Secondary Affiliate Member: The annual dues for a Secondary Affiliate member shall be
$100.
f.
Honorary Member: There shall be no annual dues for Honorary members.
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g. Secondary REALTOR®: The annual dues for a secondary REALTOR® member shall
be $210.
h. Administrative Member: The annual dues for an administrative member shall be $25.
2.19
DUES AND DUES BILLING
a. Dues invoices are normally sent out to all members not later than the last week of
November. All dues are due and payable in advance on the first day of January and are
considered late if received after January 10 when late fees are required.
b. REALTOR® and Affiliate dues shall begin on the first day of the calendar month in which
a member is approved for membership, and shall be prorated for the balance of the year
for the first year only.
c. Institute Affiliate Members dues shall be paid through the Institute, Society or Council in
which they are a member.
d. Membership dues owed to FR and NAR shall be paid on or before the due date.
2.20
NON-PAYMENT OF DUES
a. If dues are not paid by the first day of January, the following shall apply:
b. A late charge of $25 shall be assessed to any REALTOR® member whose dues are not
paid on or before January 10. A second/final notice shall be sent to each member who
has not paid their dues. As of January 31st, if the dues remain unpaid the following
procedure will then apply:
c. REALTOR® Member: A REALTOR® member shall be terminated from membership and
all privileges and services will be revoked.
d. Reinstatement: If the REALTOR® member wishes to be reinstated, they shall pay a
reinstatement fee of $150 prior to February 20 and a $250 reinstatement fee after
February 20. On and after March 1, REALTOR® member will be required to pay full
application fee, FR processing fee and full-year’s dues just as a new member.
e. Designated REALTOR®: A notice shall be sent to all licensees in the REALTOR’S®
office that their membership has lapsed due to non-payment by the Designated
REALTOR®. They will have 30 days to place their license with another REALTOR® to
remain a member of the Association.
f.
The deadlines for payment of member dues will be strictly adhered to by the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
g. A non-member sales-person is defined as a licensee who is affiliated with a REALTOR®
member but who is not a member of the Association. A non-member sales-person does
not receive any member benefits or privileges and may not use the NAR REALTOR®
trademarks, FR trademarks and REALTOR® services and NEFAR trademarks, forms
and lock box key access system. This is not a REALTOR® membership only another
option for a Designated REALTOR® to meet their dues obligation under the bylaws of
NAR, FR & NEFAR.
2.21
DUES REFUND POLICY
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a. Dues paid by any classification of membership under any circumstances are not
refundable at the local, state and national level.
b. If the applicant should withdraw their application after approval for membership, they will
forfeit their application fee. A fifteen (15) day waiting period is required before any refund
will be given.
2.22
NON-PAYMENT OF FINANCIAL OBLIGATIONS
a. If fees, fines, deposits or other assessments including amounts owed to the Association
are not paid within one (1) month after due date, the non-paying Member is subject to a
fine or penalty, which will be added to the second/final notice.
b. Ten (10) days after receipt of the second/final notice, membership of the non-paying
Member shall automatically terminate unless within that time the amount due including
fines and penalties if any, are paid. However, no action shall be taken to suspend or
expel a Member for nonpayment of amounts disputed in writing, prior to the expulsion
date, until the Board of Directors has confirmed the accuracy of the amount.
c. A former Member who has had his/her membership terminated for nonpayment of fees,
fines, deposits, or other assessments duly levied in accordance with the provisions of
the Bylaws or the provisions of other Rules and Regulations of the Association or any of
its services, departments, or subsidiaries, may apply for reinstatement in a manner
prescribed for new applicants for membership, after making payment in full of all
accounts due as of the date of termination. The former Member, in lieu making new
application for membership, shall have the option, after making payment in full of all
accounts due as of the date of termination, of paying a fine for late payment and
attendance at the Association’s Orientation program. This fine shall not exceed one
year’s dues as determined on a case-by-case basis by the Board of Directors and the
Member may continue active, pending the assessment of the Board of Directors.
2.23
RESIGNATION OF ACTIVE REALTOR® MEMBERS
a. The Chief Executive Officer will be notified of resignations of REALTOR® members and
is authorized to inspect or have a member of the Board of Directors inspect the outside
of the resigning REALTOR’S office approximately 30 days after resignation to ensure
that there is no indication of REALTOR® membership or use of REALTOR® trademarks
and copyrighted forms (signs, REALTOR® logo, etc.)
2.24
MANDATORY ORIENTATION
a. Each person applying for REALTOR® membership shall attend the Association
Orientation Class and must attend an Association induction ceremony before becoming
eligible to use the term “REALTOR®” or to receive any permanent Association services.
b. Orientation classes are normally held monthly
membership applications are on file. Orientation
Directors or Chief Executive Officer provided
completed the course within a two (2) year
membership.
provided ten (10) or more approved
class may be waived by the Board of
that the applicant has successfully
period prior to filing application for
c. If any non-member salesperson applies for REALTOR® status and fails to attend one of
three consecutively scheduled orientation sessions within 90 days after submitting
application, or fails to be inducted during one of two consecutively scheduled induction
ceremonies, said applicant’s fees shall not be refunded and the applicant’s status
remains unchanged. The Designated REALTOR® shall then become responsible for
paying the dues of the non-member salesperson. If the Designated REALTOR® does
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34
not pay the non-member salesperson’s dues within 30 days of billing date, the
Designated REALTOR® will forfeit membership in the Association, as will all of their
licensees.
d. All applicants for REALTOR® status shall take the Orientation course unless waived by
the Board of Directors or Chief Executive Officer because the applicant has previously
taken an Orientation course given by an Association of REALTORS® in the State of
Florida within two (2) years, and if approved, shall be inducted within 90 days after
submitting application. Until inducted into the Association, the applicant may not use the
term “REALTOR®,” and unless they are otherwise a Participant therein, the Applicant
may receive provisional “full services” of the Northeast Florida Multiple Listing Service.
e. For those Broker-Associates, Sales-Associates and State Registered, Licensed, or
Certified Appraisers who are not principals but are affiliated with a principal who is a
Participant in the Northeast Florida Multiple Listing Service, Inc., access to the Multiple
Listing Service information through the Participant may be provided as soon as the
licensee becomes affiliated with the Participant and need not wait until an application for
membership in the Association is approved.
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SECTION 3 – COMMITTEES, TASK FORCES AND COUNCILS
THE MOST AUTHORITY EXTENDED TO ANY COMMITTEE, TASK FORCE, AND COUNCIL
IS THAT OF A RECOMMENDATION TO THE BOARD OF DIRECTORS FOR ACTION.
REQUIRED DUTIES FOR COMMITTEE, TASK FORCE OR COUNCIL CHAIRS
All Chairs of a Committee, Task Force or Council shall have, but are not limited to, the following
duties:
a. To ensure that accurate minutes and attendance records for each meeting are recorded,
approved and permanently recorded in a NEFAR public document computer file
identified as the Committee’s, Task Force’s or Council’s or in a book. Staff liaison shall
handle storage of records.
b. To carry out the objectives and goals of the Association and the President.
c. To ensure all purchases of goods or services from outside vendors by the Committee,
Task Force or Council shall be coordinated through and subject to approval by the Chief
Executive Officer. This includes, but is not limited to, printing, supplies, novelties,
plaques, photography, creative services, event speakers, etc.
d. To ensure any contract or agreement obligating the Association in any manner
(financially or otherwise), whether or not within the authorized budget or scope of prior
approved funding, must be expressly approved and signed by the Association’s Chief
Executive Officer or the current President.
e. To ensure the Committee, Task Force or Council follows the NEFAR Communications
Policy as established in this manual.
f.
To contact NEFAR’s Communications Director for coordination, creation and
dissemination of all announcements and information, including event promotions.
g. To contact the Communications Director as early as possible to coordinate placement of
promotional notices about activities, programs and events.
1. The Communications Director will assist in determining the appropriate venues
and tactics for dissemination of information and announcements.
2. All information submitted for articles and/or fliers should be edited by the
Communications Director for content, writing style and clarity.
h. To ensure that no direct financial contributions are made from a NEFAR Committee,
Task Force or Council to any charity or charitable foundation.
i.
To ensure any and all charitable contributions are recommended to and made through
the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® Charitable Foundation
Inc. Disbursement shall be made at the discretion of its Board of Trustees. Contact the
Chief Executive Officer for assistance in this matter.
j.
To ensure the Committee, Task Force and Council does not conduct fundraisers or
solicit funds without the express consent of the Chief Executive Officer or the Board of
Directors.
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1. The following membership sub-groups are authorized to solicit funds/sponsors:
Annual Gala, Community Affairs, Education, Program, REALTOR®-Builder
Tradeshow, RPAC, Beaches Area Council, Ponte Vedra Council, Putnam
Council, Mandarin Council, YPN Council, Southwest Council, St. Johns
Council, Global Business Council.
k. To ensure, with the assistance of their liaison, that all Committee, Task Force or Council
programs and events are pre-approved in writing by the Chief Executive Officer for
submission on the NEFAR calendar of events. At no time shall a Committee, Task Force
or Council event or program directly compete with a NEFAR scheduled event or
program. (e.g. Council luncheon within 48 hours of NEFAR general meeting).
l.
3.1
To ensure all recommendations for funding are submitted in advance to the Chief
Executive Officer for submission to and approval of the Board of Directors.
NEFAR STANDING COMMITTEES
a. A standing committee is a committee designated in the Association bylaws to exist and
meet on a regular scheduled basis such as Budget & Finance, Grievance, Legislative,
Nominating, Professional Standards, and Member Benefits.
3.2
BUDGET AND FINANCE
a. This committee shall consist of the Chair who is the current Treasurer, current Officers
and appointed members. The incoming Treasurer and President shall appoint enough
additional members for three-year terms to bring the total number of committee
members to at least 12, appointments subject to confirmation by the Board of Directors.
It shall be the duty of the committee, under the supervision of the Board of Directors, to
supervise the finances of the Association, monitor expenses to insure committee, Task
Force and council allocations are maintained within the budget, and prepare an annual
budget. The committee has the authorization to invest the Association’s money in an
institution according to the investment policy. The committee shall review with the CPA
the unaudited financials on a monthly basis, and audited financials on an annual basis.
Committee members shall have a general knowledge of accounting, financial statements
and the budgeting processes.
b. Budget and Finance Operational Rules
1. The Treasurer of the Association will serve as Chair of this Committee
2. Regular meetings will be scheduled by the Chair, in advance, through the
Association’s main office.
3. The Committee will consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation. Twelve of the members of
the Committee shall be appointed by the President, subject to confirmation by the
Board of Directors, to serve for terms of three (3) years. The three-year terms
shall be staggered so as to insure continuity from year to year. As many
members as necessary to fill vacancies shall be appointed annually. The
appointed members to the Committee in excess of twelve members will serve
one-year terms.
4. The Chair shall conduct the meeting.
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5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to take part in the discussion.
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fund raising events must have prior approval of the Board of
Directors.
9. The Chief Executive Officer and the Accounting and Information Systems
Manager will serve as staff liaisons for this Committee.
10. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each committee meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the committee’s or in a book.
11. The Chair may call special meetings in the last quarter of each year to prepare
the upcoming year’s budget.
12. A committee member’s attendance at every meeting is expected. A committee
member who misses more than 3 meetings during their term, without an excused
absence, automatically forfeits their seat. After the second unexcused absence,
written notice of this requirement shall be served to the Director by the Chief
Executive Officer or the President. Committee members must vote to accept
excused absences at each meeting. Excused absences are:
1. Personal or immediate family illness
2. Attendance at FR/NAR meetings
3. Immediate family death
4. Family Vacation-one per year
5. Other, as approved by the Board of Directors
3.3
GRIEVANCE COMMITTEE
a. The function of this committee is to make preliminary investigation and evaluation of the
complaint as required, determining whether the validity and substance of the complaint
warrants further consideration by a hearing panel. To screen complaints and determine
jurisdiction of the Association over all complaints of breach of professional standards or
ethics, and/or requests for mediation and/or arbitration, and recommend proper action to
be taken by the Professional Standards Committee of the Association and to initiate
complaints, when appropriate.
b. Grievance Operational Rules
1. The President-elect shall annually appoint the Chair and Vice Chair of the
Committee, subject to confirmation by the Board of Directors no later than the
September meeting of the Board of Directors.
2. The Committee will consist of at least twelve (12) REALTOR members, or as
many members as the President-elect may deem necessary for efficient
operation. The Committee member’s terms shall be staggered to insure
continuity from year to year.
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3. The new members of the Committee shall be appointed for terms of three (3)
years.
4. To be considered for Committee membership, the applicant must be a NEFAR
member, with a recommended minimum of three (3) years active experience in
the real estate industry, and must complete the Committee Application form and
present a letter of recommendation with the Application to the Professional
Standards Administrator. The Professional Standards Administrator shall log in
receipt of all applications for the selection process. If an applicant has been
found in violation of the Code of Ethics within the last three (3) years, they will not
be eligible to serve on the Grievance Committee.
5. All Applications and letters of recommendations will be reviewed in October or
November by the President, President-Elect, the incoming Chair and incoming
Vice Chair of the Grievance Committee, and the Professional Standards
Administrator. After consultation with the President, the incoming Chair of the
Grievance Committee, and the incoming Vice Chair of the Grievance Committee,
the President-elect shall appoint the members of the Grievance Committee and
four alternates to fill any vacancies during the year, subject to confirmation by the
Board of Directors. All applicants shall be advised of their outcome in the
selection process by letter from the President-elect.
6. A Grievance Committee member may serve for a maximum of two (2)
consecutive three (3) year terms. In the event the member is appointed to fill a
vacancy on the Committee that time served shall be counted to the six-year limit.
7. Membership of the Committee shall include at least one member with property
management experience and one member with commercial real estate
experience.
8. The Chair has the authority to recommend to the Board of Directors that a
Committee member be removed, when deemed to be in the best interest of the
Association.
9. The Professional Standards Administrator will serve as staff liaison for this
Committee.
10. Grievance training shall be held annually at NEFAR. If a new member fails to
attend the NEFAR annual Grievance Committee training they will have thirty (30)
days to attend another Association’s FR grievance training program or they will
be replaced by one of the alternates that did attend the annual training.
11. If a Committee member misses a total of four (4) meetings, whether excused
and/or unexcused, they shall be deleted from the Committee roster, but given an
opportunity to attend the next meeting to explain their excessive absences and
make a plea for reinstatement on the Committee. If a Committee member is
reinstated, they will enter into a “probation period” for the next 6 meetings. If the
reinstated member misses more than one (1) meeting within their “probation
period,” they will be deleted from the Committee roster with no further opportunity
to be reinstated.
12. If applicable, the Chair and staff liaison shall be jointly responsible for maintaining
accurate minutes and attendance records for each committee meeting during the
year. Said minutes and attendance shall preferably be recorded in a NEFAR
public document computer file folder identified as the committee’s or in a book
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3.4
PROFESSIONAL STANDARDS COMMITTEE
a. The function of this committee is to conduct arbitrations, mediations, and ethics hearings
resulting from complaints by the public, another member or the Grievance Committee.
To coordinate with the Professional Standards Administrator for programs to educate
and update Association members. To conduct training sessions for Professional
Standards and Grievance Committees.
b. Professional Standards Operational Rules
1. The President-elect shall annually appoint a Chair and a Vice Chair of the
Committee, subject to confirmation by the Board of Directors no later than the
September meeting of the Board of Directors.
2. The Chair and Vice Chair shall have a Broker or Broker-Associate license for at
least three (3) years and shall have served on the Grievance Committee and/or
the Professional Standards Committee for a combination of at least three (3)
years.
3. The Committee will consist of a least eighteen (18) members of the Association,
of whom at least a majority shall be REALTORS®, but as many members as the
President-elect may deem necessary for efficient operation. The Committee
member’s terms shall be staggered to insure continuity from year to year.
4. The majority of members shall have a Broker or Broker- Associate license and
shall be required to have minimum qualifications of having served on the
Grievance Committee for at least one (1) year.
5. To be considered for Committee membership, the applicant must be a NEFAR
member and must complete the Committee Application form. All Applications will
be reviewed in October or November by the President, President-Elect, the
incoming Chair and the incoming Vice Chair of the Professional Standards
Committee, and the Professional Standards Administrator. After consultation with
the President, the incoming Chair of the Professional Standards Committee, and
the incoming Vice Chair of the Professional Standards Committee, the Presidentelect shall appoint the new members of the Professional Standards Committee,
subject to confirmation by the Board of Directors. All applicants shall be advised
of their outcome in the selection process by letter from the President-elect.
6. The new members of the Committee shall be appointed for terms of three (3)
years.
7. The Professional Standards Administrator shall serve as the staff liaison for this
Committee.
8. If recommended by the Budget and Finance Committee and approved by the
Board of Directors, the Professional Standards Chair, Vice Chair, or appropriate
designee(s) may attend the NAR annual ethics training class.
9. Professional Standards training shall be held annually at NEFAR.
10. If applicable, the Chair and staff liaison shall be jointly responsible for maintaining
accurate minutes and attendance records for each committee meeting during the
year. Said minutes and attendance shall preferably be recorded in a NEFAR
public document computer file folder identified as the committee’s or in a book.
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3.5
NOMINATING COMMITTEE
a. The function of this committee is to meet within the month of July of each year and to
nominate a recommended slate of Officers and Directors of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS® for the succeeding year and to nominate members of
the Association to serve as Directors of the Northeast Florida Multiple Listing Service for
a three (3) year term beginning the succeeding year.
b. Nominating Committee Operational Rules
1. The Chair shall be the most immediate past president of the Association willing
and able to serve.
2. Meetings will be scheduled by the Chair, in advance through the staff liaison.
3. The Committee will consist of at least (11) REALTOR® members, but as many
members as the President may deem necessary for efficient operation. The
Committee shall be composed of at least two REALTOR® members, each from
the territorial jurisdictions as of December 31, 1995, of the Clay County
Association of REALTORS®, Inc., Jacksonville Association of REALTORS®,
Inc., Jacksonville Beaches Association of REALTORS®, Inc., and Ponte Vedra
Association of REALTORS®, and two Directors from the territorial jurisdiction of
the former Putnam Association of REALTORS®, and the most immediate Past
President of the Association willing to serve.
4. The Chair will conduct the meeting.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to take part in the discussion.
6. A majority vote of the members present is required to make approve a slate of
officers and directors to be noticed to the general membership.
7. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each committee meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the committee’s or in a book.
8. No one serving on this Committee is eligible for an Officer or Director position.
3.6
LEGISLATIVE COMMITTEE
a. The function of this committee is to:
1. To become knowledgeable on current and proposed legislation affecting real
estate on local, state and national levels in order to inform and educate the
Association members.
2. To recommend the majority of the political positions to be taken by the
Association subject to the Board of Director’s approval.
3. To maintain contact with legislators during session and be in a position to advise
and assist our lawmakers. Attend council and commission meetings, committee
meetings and Great American REALTOR® day
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4. To inform the Board of Directors, Chief Executive Officer, and the membership of
legislative actions and pending legislation, and obtain their participation for the
protection and welfare of the Association, its members, our industry and the
public.
5. To promote key contact network on national, state and local level.
6. To invite elected officials to special Association functions that highlights our
service to the community.
7. To further the interest of homeowners in taxation matters that pertains to
increase in taxes, etc.
8. To encourage involvement in political campaigns by Association members, the
public, and coalitions and also encourage voter registration.
9. To monitor the voting records of local, state, and national officials and notify the
membership.
10. To work for those candidates who best represent the free enterprise system,
private property rights and the real estate industry as described by the Candidate
Screening Task Force.
11. To assist in the education of members regarding RPAC and the events currently
supporting RPAC.
b. Legislative Committee Operational Rules
1. The President-elect shall annually appoint the Chair of the Committee, subject to
confirmation by the Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, through the Association’s
main office.
3. The Committee will consist of at least 18 members, but as many members as the
President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to take part in the discussion
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fund raising event must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each committee meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the committee’s or in a book.
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3.7
NEFAR AREA COUNCILS
THE MOST AUTHORITY EXTENDED TO ANY COUNCIL IS ONLY THAT OF A
RECOMMENDATION TO THE BOARD OF DIRECTORS FOR ACTION.
An area council is a collective group of people in a specific marketplace who come together
to network and do business through social and business events such as caravans and
luncheons. Area councils were specifically designed in the process of merging the five
previous Associations to allow the members in those geographic areas to maintain some
local identity through social events, community projects, MLS caravans and many other
networking opportunities.
COUNCIL CHAIRS MUST READ REQUIRED DUTIES UNDER SECTION 3 HEADER
3.8
BEACHES COUNCIL
a. Covers Atlantic, Neptune and Jacksonville Beaches with weekly caravans, social events,
and community projects.
3.9
HISTORIC AREA COUNCIL
a. Covers Downtown Jacksonville and Springfield areas with luncheons, caravans, social
events and community projects.
3.10
MANDARIN COUNCIL
a. Covers Mandarin, Beauclerc, and Fruit Cove areas with luncheons, caravans, social
events and community projects.
3.11
PONTE VEDRA COUNCIL
a. Covers the Ponte Vedra and Intracoastal area with caravans, with luncheons or
breakfast meetings, community projects and social events.
3.12
PUTNAM AREA COUNCIL
a. Covers all of Putnam County with luncheons, holiday party, affiliate mixer, support for
NEFAR charity bass tournament and networking events.
3.13
ST. JOHNS COUNCIL
a. Covers the St. Johns / St. Augustine area with caravans, with luncheons or
breakfast meetings, community projects and social events.
3.14
SOUTHWEST AREA COUNCIL
a. Covers all of Clay County and the Southwest portion of Duval County with
caravans, breakfast meetings and many social and networking events.
3.15
OPERATING RULES FOR ALL AREA COUNCILS
a. The incoming President shall annually appoint the Chair, subject to confirmation by the
Board of Directors.
b. Meetings will be scheduled by the Chair, in advance, through the staff liaison.
c. The council must consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation.
d. The Chair will conduct the meetings.
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e. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
f.
A majority vote of the members present is required to make a recommendation to the
Board of Directors.
g. All programs must be cleared through the staff liaison for inclusion on the master
calendar. All area council events and projects are to be submitted to the council’s staff
liaison, in advance of committing or scheduling a date, for approval by either the Chief
Executive Officer or the Board of Directors.
h. The requested date for the event must be reviewed and approved for placement on the
NEFAR master calendar to ensure there are no major conflicts. An area council event
may not be scheduled in direct competition/conflict with a major NEFAR event (within 72
hours).
i.
While area councils operate much like committees, they are to be totally self funding with
any excess generated funds rolling over to the next year after repayment of all expenses
and loans or advances. Excess rollover shall not exceed two thousand dollars. Any
funds over $2,000 shall automatically revert to NEFAR’s general operating account.
Councils should solicit only those funds needed to cover the expense of their events.
j.
Area councils may reasonably solicit for sponsorships or charge fees to cover an event
or both upon approval of the event by the Chief Executive Officer or Board of Directors.
k. If an area council ceases operation then all funds automatically revert to the
Association’s general operating account.
l.
All monies collected on behalf of an area council must be immediately accounted for and
submitted to the NEFAR staff liaison, who shall deliver of the monies to the bank for
deposit into the NEFAR operating account or to the Systems and Accounting Manager
for depositing. Reimbursements require original legible receipts within NEFAR'S
reimbursement policy.
m. All council marketing materials, for events and otherwise, must be submitted and
approved in advance of distribution by the Chief Executive Officer or the
Communications Director. All communications to area council members, whether by fax,
email or mail, should always be handled through the staff liaison to maintain continuity,
quality and NEFAR branding efforts.
n. All area council event or project contracts or agreements must be approved in advance
and executed by either the Chief Executive Officer or the current President on behalf of
the NEFAR council. Disobeying this requirement may place personal liability on the
person executing an agreement or contract and may affect NEFAR’s insurance
coverage for the event.
o. If an area council is holding an event offsite from a NEFAR facility, then the staff liaison
must check with NEFAR’s current insurance carrier for coverage needs and order a
certificate of insurance to cover the offsite event. If a certificate of insurance is required
for the event, or requested by the Chief Executive Officer for the event, the area council
shall pay any and all expenses associated with obtaining the certificate of insurance.
p. The Chair and staff liaison shall be jointly responsible for maintaining accurate minutes
and attendance records for each area council meeting during the year. Said minutes and
attendance shall preferably be recorded in a NEFAR public document computer file
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folder identified as the area council’s or in a book. Records to be kept at NEFAR and
shall include volunteer attendance and hours.
q. All area councils shall annually hold at least one RPAC fundraiser under the RPAC
rules, laws and guidance of the NEFAR Government Affairs Department to assist in
meeting our annual RPAC goals.
3.16
GLOBAL BUSINESS COUNCIL (GBC)
THE MOST AUTHORITY EXTENDED TO ANY COUNCIL IS ONLY THAT OF A
RECOMMENDATION TO THE BOARD OF DIRECTORS FOR ACTION.
GBC CHAIR MUST READ REQUIRED DUTIES UNDER SECTION 3 HEADER
a. The GBC is a collective group of members who desire to expand the real estate market
in Northeast Florida through the support and promotion of direct investment in real
estate by non-US investors and potential residents.
b. GBC Key objectives:
1. Market to those non-US investors and potential residents in countries, which
have been shown statistically to be likely to invest in Northeast Florida and assist
in promoting the enhanced quality of life and advantages of Northeast Florida as
a gateway for visiting, living, and investing in order to reinforce a separate
regional identity.
2. Develop promotion strategies through complementary partnerships through and
with city, county, state, national and social networks, economic development
organizations, educational institutions, and trade associations.
3. Support the efforts of builders and financial service providers and NEFAR affiliate
members to increase their market share of non-U.S. buyers and leveraged real
estate investment.
4. Organize periodic training and outreach activity to NEFAR’s membership in order
to facilitate international real estate transactions.
5. Identify resources in order to expand outreach activity in support of the mission.
6. To generate a strategy for the encouragement of direct financial investment into
Northeast Florida, identifying it as a destination separate from that of Central
Florida (Disney), and Southern Florida (Miami). In the short-term, there will be
advantages to an alliance with Northwest Florida, but as their International
Airport comes online, a more distinct, separate strategy will be required.
7. To invite membership of the GBR with Amelia Island and St Augustine
professional groupings, builders, consular offices, chambers of commerce, and
other interested parties, in order to produce a coherent voice on international real
estate in Northeast Florida.
8. To seek outside sponsorship for larger-scale outreach activities such as
participation in trade missions, leveraging access through groups such as
Enterprise Florida and the State-led missions.
9. To periodically train and educate NORTHEAST FLORIDA ASSOCIATION OF
REALTORS® on conducting International real estate transactions with a fee
based program.
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3.17
GLOBAL BUSINESS COUNCIL OPERATING RULES
1. The incoming President shall annually appoint the Chair, subject to confirmation
by the Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, though the staff liaison and
the main office.
3. The council will consist of a minimum of 12 members, but as many as the
President may deem necessary for efficient operation. The council is open is
open for participation by all NEFAR members.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fund raising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each council meeting during the year. Said
minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the council’s or in a book. Records to
be kept at NEFAR and shall include volunteer attendance and hours.
10. The council should be totally self funding with any excess generated funds up to
$2,000 rolling over to the next year, unless there has been a request for project
funds. All expenses and requested project funds would need to be reimbursed to
NEFAR’s operating account prior to any rollover of generated sponsorship funds.
The Chair and Staff Liaison shall maintain an accurate accounting of all
generated funds and expenditures on behalf of NEFAR.
11. The council may reasonably solicit for sponsorships or charge fees to cover an
event or training. If the council ceases operation then all funds shall automatically
revert to the Association’s general operating account.
12. All council events and projects shall be submitted through the staff liaison, in
advance of committing to or scheduling an event date, for approval by either the
Chief Executive Officer or the Board of Directors.
13. The requested date for an event must be submitted by the staff liaison and
reviewed and approved by the Chief Executive Officer for placement on the
NEFAR master calendar to ensure there are no major conflicts.
14. A GBC event may not be scheduled in direct competition or conflict with a major
NEFAR event (within 48 hours).
15. All monies collected on behalf of an area council must be immediately submitted
to the NEFAR staff liaison for proper accounting and the staff liaison will then
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immediately deliver the monies to the bank for deposit into the NEFAR operating
account or to the Systems Accounting Manager for depositing.
16. All council marketing materials, websites, etc. shall be submitted in advance of
distribution for approval by the Chief Executive Officer or appropriate designee.
17. All mass communications to council members, whether by fax, email or mail,
should always be handled through the staff liaison to maintain continuity, quality
and NEFAR branding efforts.
18. All contracts and agreements for council events or projects must be approved in
advance and executed by the Chief Executive Officer or President on behalf of
the council. Disobeying this requirement may place personal liability on the
person executing the agreement or contract and may affect NEFAR’s insurance
coverage for the event.
19. If the council is holding an event offsite from a NEFAR office then the Chair and
or staff liaison must check with our current insurance carrier for insurance
coverage needs and, if applicable, order a certificate of insurance to cover the
offsite event. If a certificate of insurance is required the council shall pay any and
all expenses associated with obtaining the certificate.
20. All GBC educational courses shall be developed, promoted and operated by
NEFAR’s Education Department to ensure the quality of the course and
appropriate procedures and guidelines are followed.
3.18
YOUNG PROFESSIONALS NETWORK COUNCIL (YPN)
a. The function of this Council is to:
1. Help young real estate professionals excel in their careers by giving them the
tools and encouragement to become involved in four core areas:
 REALTOR® Associations. Attend REALTOR® conferences and pursue
leadership roles with their local, state, and national associations.
 Real Estate Industry. Take an active role in policy discussions and advocacy
issues; be informed about the latest industry news and trends.
 Peers. Network and learn from one another by attending events, participating
in online communication, and seeking out mentoring opportunities.
 Community. Become exceptional members of their community by setting a
high level of REALTOR® professionalism and volunteering for causes they
feel passionate about.
2. To serve as the liaison group between the Association and other young
professional organizations in the community.
3. To coordinate and implement YPN events as necessary to increase participation.
3.19
YOUNG PROFESSIONAL NETWORK COUNCIL OPERATIONAL RULES
1. The incoming President shall annually appoint the Chair and Vice Chair of the
Council, subject to confirmation of the Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the staff
liaison and the Association’s main office.
3. The Council will consist of at least seven (7) members, but as many members as
the President may deem necessary for efficient operation.
4. In addition to the Chair and Vice Chair, the Council will consist of three other
positions appointed from amongst the members of the Council by the chair:
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
Membership Coordinator – in charge of recruitment and obtaining and
providing current member contact information to the staff liaison for NEFAR’s
YPN member database and the Florida Realtors master YPN database;
 Events Coordinator – planning and coordinating YPN activities and reaching
out to potential sponsors;
 Communications Coordinator – promoting YPN activities and responding to
YPN inquiries.
5. The Chair will conduct the meetings.
6. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
7. A majority vote of the Council members present is required to make a
recommendation to the Board of Directors.
8. All programs and event must be cleared through the staff liaison for inclusion on
the master calendar and approved in advance by the either the Chief Executive
Officer or the Board of Directors.
9. Any proposed fundraising events must have prior approval of the Board of
Directors or the Chief Executive Officer.
10. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Council meeting during the year. Said
minutes and attendance records shall be stored in NEFAR’s public document file
folder identified as the YPN Council.
11. The Council may reasonably solicit for sponsorships and/or charge fees to cover
events or programs.
12. All monies collected on behalf of the YPN Council shall be immediately
accounted for by the staff liaison and placed with the NEFAR accounting systems
manager for deposit into the NEFAR operating account.
13. The YPN Council is authorized to roll over up to $2,000 of excess generated
funds to the next year after repayment of all expenses, loans or advances. Any
funds over $2,000 shall automatically revert to NEFAR’s general operating
account. The YPN Council should solicit only those funds needed to cover the
expenses of their events and programs.
14. If the Council ceases operation then all funds shall automatically revert to the
Association’s general operating account.
15. YPN members must be licensed REALTORS® or an Affiliate Business Partner
member of NEFAR and remain in good standing with the local, state, and
national association and all requests to join YPN, meeting the criteria, will be
accepted.
16. YPN Membership will not require an additional fee for membership and is open to
any REALTOR® or any Affiliate Business Partner member of NEFAR member
regardless of age.
17. REALTORS® may join the NEFAR’s YPN by attending events and registering
their contact information with the YPN Membership Coordinator, or other
methods deemed appropriate by the Council.
18. YPN offsite events shall be reviewed in advance by the Chief Executive Officer
and NEFAR’s insurance carrier to determine if a separate certificate of liability or
additional coverage is needed.
3.20
COMMERCIAL ALLIANCE OF REALTORS® (CAR)
CAR CHAIR MUST READ REQUIRED DUTIES UNDER SECTION 3 HEADER
a. CAR is a collective group of commercial Realtor® and affiliate members who desire to
expand the commercial and investment real estate market in Northeast Florida.
b. The function of this committee is to:
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1. To facilitate marketing, networking and education among its commercial
members.
2. To promote the image of the Association.
3. To promote and enhance the identity, image and reputation of the NEFAR, CAR
and its members.
4. To unite Realtors and Institute Affiliates who are primarily engaged in leasing,
selling, managing, or appraising of real property of commercial and investment
character (exclusive of single-family residences) for others for compensation.
5. To establish CAR as the voice of commercial real estate in Northeast Florida.
6. To advance the knowledge, integrity and professional conduct of CAR members
through the creation and promotion of approved commercial real estate courses
and seminars improving the commercial real estate industry.
7. To provide enhanced convenient technology support through the NEFAR and
CAR website.
8. To provide a forum for the exchange of specialized information relating to
commercial and investment real estate among the CAR members by and through
the Commercial Real Estate Exchange (CREX).
9. To advance the economic growth of Northeast Florida through NEFAR in
cooperation with all local, state and federal governments.
10. To advance the economic growth of Northeast Florida by effectively exerting a
beneficial influence upon the commercial and investment real estate fields and
related business interests.
3.21
COMMERCIAL ALLIANCE OF REALTOR’S® OPERATIONAL RULES
1. The incoming President shall annually appoint the Chair, subject to
recommendation and nomination by the CAR members and confirmation by
NEFAR’s Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, through the Association’s
main office.
3. The Task Force will consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
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49
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
3.22
NEFAR TASK FORCES
A Task Force generally operates similar to a committee or as a sub-committee and it meets
only as needed to carry out specific objectives. Once the objectives have been met the Task
Force maintains an idle status and does not meet again until another specific task is
assigned.
THE MOST AUTHORITY EXTENDED TO ANY TASK FORCE IS THAT OF A
RECOMMENDATION TO THE BOARD OF DIRECTORS FOR ACTION.
TASK FORCE CHAIRS MUST READ REQUIRED DUTIES UNDER SECTION 3 HEADER
3.23
ACCORD TASK FORCE
a. The function of this Task Force is to:
1. Work in conjunction with Northeast Florida Builders Association to promote better
communication and professionalism between Realtors and Builders when selling new
homes. For more information, visit RealtorBuilderAccord.com.
b. ACCORD Task Force Operational Rules
1. The incoming President shall annually appoint the Chair of the Task Force,
subject to confirmation by the Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the
liaison and the Association’s main office.
3. The Task Force will consist of at least six (6) members, but as many members as
the President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
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3.24
CANDIDATE SCREENING TASK FORCE
a. The function of this Task Force is to:
1. To interview candidates for public office and make RPAC funding
recommendations to the Board of Directors for candidates best representing the
REALTORS® positions. The Task Force shall forward their recommendations to
the Board of Directors for approval. The Board of Directors shall forward their
approved recommendations to the FR RPAC Trustees for final approval and
disbursement. Final RPAC funding approval lies solely with FR’s RPAC Trustees.
2. To recommend to the Board of Directors positions the Association should take
regarding candidates for office.
3. To convey the Association’s positions on issues to candidates running for office.
b. Candidate Screening Operational Rules
1. The incoming President shall annually appoint the Chair, subject to confirmation
by the Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, through the Association’s
main office.
3. The Task Force will consist of at least 12 members, but at many as the President
may deem necessary for efficient operation. Members should be a current
member of the Legislative Committee and must complete candidate screening
training.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8.
Any proposed fund raising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
c. Guidelines for Candidate Interviews
1. The Candidate Screening Task Force shall present recommendations with
appended rationale to the Association’s Board of Directors for action.
2. Candidate Screening proceedings are confidential. Results and
recommendations are considered confidential until approved by the BOD.
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3. All candidate questionnaires and screeners packets, including question sheets,
confidentiality statements, disclosures and notes are to remain at the
Association.
4. Screenings shall be open to the general membership of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS®. However, only those members
serving on the candidate screening Task Force shall participate in the discussion
and voting on candidates interviewed. The Chairman of the Task Force has the
right to remove any member from the meeting whose behavior or whose
presence may compromise the candidate screening process. Any member
attending the screening interviews will be required to sign a confidentiality
statement in order to participate.
5. Only members of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®
in good standing and who have contributed to the Realtors Political Action
Committee within the last twelve months shall serve on the Candidate Screening
Task Force.
6. If possible, screeners for respective county and municipal races should be
predominantly members who are voters within the respective jurisdiction.
7. Members of the Candidate Screening Task Force will be required maintain
confidentiality. If at any time a member of the Task Force breeches this
confidentiality, with approval of the President, they may be removed from any
further screening sessions and considered ineligible to serve on future Candidate
Screening Task Forces.
8. NEFAR members serving on the Candidate Screening Task Force must disclose
any and all participation, whether it is financial, professional or personal, or any
other conflict of interest in any campaign, which is scheduled to be screened by
the Task Force.
9. A screener who has any conflict of interest with a candidate or campaign may not
serve as Chairman or Vice Chairman of the Candidate Screening Task Force for
screening sessions for that particular race, unless there is no other Chairman
available.
10. No screener will be allowed to participate or vote for a particular race that has
been paid for political work performed on behalf of any candidate in that race.
11. No screener will be allowed to participate or vote in any races in a particular
municipality if they are a candidate for election in that municipality.
12. No screener who is a candidate for a statewide or national seat will be allowed to
participate or vote in any statewide or national elections screenings.
13. Key Contacts serving on the Candidate Screening Task Force for their elected
official will be asked to give a brief description of their relationship with the
elected official prior to the screening of that race. If a Key Contact is not present,
the Chairman may request information from the Key Contact and present it at the
screening.
14. In order to vote for a particular race, screeners must be present to screen all
candidates running in that race.
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15. The Candidate Screening Task Force reserves the right to make decisions
regarding the type of recommendation, (with or without funding), if any, they will
recommend to the Board of Directors.
16. A candidate shall not be recommended to the Board of Directors unless the
Candidate Screening Task Force has approved them. If necessary, at the
discretion of the president, candidates may be recommended by the Legislative
Committee or by a member of the Board of Directors. The Legislative
Coordinating Committee consists of the Legislative Chairman, Vice Chairman,
RPAC Chairman, BOD Liaison, Candidate Screening Chairman, Sub-Committee
Chairmen and the Director of Government Affairs. The Director of Government
Affairs will not vote on candidate recommendations.
17. Biographical questionnaires for each candidate will be mailed to each candidate
prior to their scheduled interview and will contain, but is not limited to, the
following information:
a)
b)
c)
d)
Name of Candidate
Background/Experience of Candidate
Occupation/Source of Income
Campaign Organizational Information
18. Questions for Candidate Screening will be determined by the Candidate
Screening Task Force and/or the Legislative Committee. Questions will be based
on Real Estate related concerns and any late breaking issues. The questions will
not be sent to the candidates.
19. All candidates in the same race will be asked the same prepared mandatory
questions first. Incumbents may be questioned about their voting record.
Members of the screening Task Force may ask additional or clarifying questions.
However, the Chairman has the right to reject questions not pertaining to real
estate or REALTOR® issues.
20. All candidates screening sessions will be conducted at the Association Main
Office or an Association Service Center unless approved by the President or
Legislative Chairman.
21. Recording devices may not be present during screenings.
22. Candidates, their representatives and/or recording devices may not be present
during screenings of other candidates.
3.25
COMMUNITY AFFAIRS TASK FORCE
a. The function of this Task Force is to:
1. To conduct programs of interest and value to the community and that will enhance
the REALTOR® image.
2. To serve as the liaison group between the Association and other organizations in
the community.
3. To maintain existing projects like Realtors Ramp It Up, Paint the Town, Make a
Difference Day and to conceive or produce additional projects that will benefit the
community.
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4. To encourage membership participation in community activities.
5. To emphasize and encourage real property ownership with projects that will make
a contribution to our community and achieve the best public relations for the
Association.
b. Community Affairs Operational Rules
1. The incoming President shall annually appoint the Chair, subject to confirmation
by the Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, through the Association’s
main office.
3. The Task Force will consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the members present is required to make a recommendation to
the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Force or in a book.
3.26
EDUCATION ADVISORY TASK FORCE
a. The function of this Task Force is to:
1. To recommend to the Education Department, programs that are of interest and
value to the membership and will enhance the REALTOR® image.
2. To assist in educating Association members and to keep them informed of their
duties and requirements under federal equal opportunity laws.
3. To arrange outreach programs with appropriate public and private agencies to
further equal opportunity awareness in the community.
4. To provide feedback and work in conjunction with the Education Director to plan,
organize and conduct education programs, seminars, workshops, clinics, etc for
the benefit of the general membership. Final course selections are made by the
Education Director with approval of the Chief Executive Officer.
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5. To assist in recruiting, organizing and training a Speakers Bureau to offer
educational programs and speakers for the benefit of the community.
6. To encourage and develop curriculum recommendations, with assistance of the
Education Director, that will offer educational opportunities and possible
continuing education credit for the membership.
7. To recommend Association Orientation programs for all new applicants as set
forth in the Association Bylaws and in keeping with the FR and NAR guidelines.
The Chief Executive Officer and the Board of Directors must approve any change
in the curriculum or the length of the program.
b. Education Advisory Task Force Operational Rules
1. The incoming President shall annually appoint the Chair of the Task Force,
subject to confirmation of the Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the
Association’s Education Department.
3. The Task Force will consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussions.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
10. In any educational program that is sponsored by the Education Task Force and
is offered for a fee, the fee charged to the member will be recommended by the
Task Force and subject to approval by the Chief Executive Officer, per the
annual budget.
3.27
FORMS TASK FORCE
a. The function of this Task Force is to:
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1. To create new forms as needed and update existing forms when necessary or to
comply with changes in the law.
b. Forms Task Force Operational Rules
1. The incoming President shall annually appoint the Chair of the Task Force,
subject to confirmation of the Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the staff
liaison and the Association’s main office.
3. The Task Force will consist of at least 12 members, but as many members as the
President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
3.28
LEADERSHIP DEVELOPMENT TASK FORCE
a. The function of this Task Force is to:
1. To create and maintain applications, the interview process and curriculum for the
Leadership Academy.
2. To oversee facilitation of the Leadership Academy program and education.
b. Leadership Development Task Force Operational Rules
1. The incoming President shall annually appoint the Chair of the Task Force,
subject to confirmation of the Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the
liaison and the Association’s main office.
3. The Task Force will consist of at least twelve (12) members, but as many
members as the President may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
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5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
3.29
MEDIATION TASK FORCE
a. The function of this Task Force is to:
1. To conduct mediations prior to, or in lieu of, arbitrations.
b. Mediation Task Force Operational Rules
1. The President shall annually appoint the Chair of the Task Force, subject to
confirmation of the Board of Directors.
2. The Task Force will consist of members that have had Grievance Committee and
Professional Standards Committee experience, and have completed NAR’s
mediation training program.
3. Meetings and mediations will be scheduled by the Chair, in advance, through the
Association’s main office and the Professional Standards Administrator.
4. The Chair will conduct the meetings.
5. The Chief Executive Officer shall be notified of and may attend all mediations.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
10.
The Professional Standards Administrator will serve as the staff liaison for this
Task Force.
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3.30
REALTOR® BUILDER TASK FORCE
a. The function of this Task Force is to:
1. To promote amicable relations between the REALTORS® and builders for their
mutual benefit.
2. To coordinate joint participation with builders in programs of mutual interest.
3. To provide a forum for REALTORS® and builders their individual and mutual
interests.
4. To coordinate and implement the annual Realtor-Builder Trade Show and Event
b. Realtor® Builder Task Force Operational Rules
1. The President shall annually appoint the Chair, subject to confirmation of the
Board of Directors.
2. Meetings will be scheduled as needed by the Chair, in advance, through the staff
liaison and the Association’s main office.
3. The Task Force will consist of at least 5 members including the President and
Chief Executive Officer, but as many members as the President may deem
necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in the discussion.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the master
calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaison shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
10. Complimentary event tickets are to be given out in accordance with the trade
show guidelines approved by the Task Force and NEFAR’s Chief Executive
Officer.
11. At least one member of the NORTHEAST FLORIDA ASSOCIATION OF Builders
Association will be asked
to serve as their liaison to the event and assist in
coordinating the event.
12. The Accounting Systems Manager or the Chief Executive Officer’s designee shall
serve as the staff liaison for this Task Force.
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3.31
RPAC AWARENESS AND EVENTS TASK FORCE
a. The function of this Task Force is to:
1. To initiate, organize and conduct campaigns for funds for use in contributing to
political candidate’s campaigns, in conjunction with the Florida RPAC Committee.
2.
To strive to maintain the FLORIDA REALTORS® goal for RPAC in order to
achieve a Gold Star Association recognition.
3. To coordinate and implement the annual RPAC Auction, golf tournament or other
approved events as necessary to raise money and participation for RPAC.
b. RPAC Awareness and Events Task Force Operational Rules
1. The President shall annually appoint the Chair of the Task Force, subject to
confirmation of the Board of Directors.
2. Meetings will be scheduled by the Chair, in advance, through the staff liaison and
the Association’s main office.
3. The Task Force will consist of at least twelve (12) members including the
President and Chief Executive Officer, but as many members as the President
may deem necessary for efficient operation.
4. The Chair will conduct the meetings.
5. The President and Chief Executive Officer shall be notified of all meetings and be
allowed to attend and take part in discussions.
6. A majority vote of the Task Force members present is required to make a
recommendation to the Board of Directors.
7. All programs must be cleared through the staff liaison for inclusion on the NEFAR
master calendar.
8. Any proposed fundraising events must have prior approval of the Board of
Directors.
9. The Chair and staff liaisons shall be jointly responsible for maintaining accurate
minutes and attendance records for each Task Force meeting during the year.
Said minutes and attendance shall preferably be recorded in a NEFAR public
document computer file folder identified as the Task Forces or in a book.
10. The Government Affairs Director and Government Affairs Coordinator shall serve
as staff liaisons for this Task Force.
SECTION 4 – COMMUNICATIONS AND MEDIA PROCEDURES
4.1
MEDIA SPOKESPERSONS
a. The President, Chief Executive Officer, and Communications Director are the authorized
media spokespersons for NEFAR; designated to speak for the Association. The
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Government Affairs Director is also authorized to speak to the media on behalf of the
Association regarding governmental affairs and legislative issues only.
b. The President-elect shall attend Florida Realtors' spokesperson training prior to
becoming an authorized NEFAR spokesperson during their year of presidency. If the
President-elect fails to attend Florida Realtors' spokesperson training, he/she may not
serve as a NEFAR spokesperson until he/she completes such training.
4.2
EMAIL COMMUNICATIONS
a. NEFAR communicates to its members regularly via email. Member email addresses are
used by NEFAR staff only to notify members of NEFAR information (events, activities,
calls to action, etc.) and are not sold or distributed to any individual, company or
organization. NOTE: There are companies in the State of Florida that compile real estate licensee’s email addresses from many sources and sell them for a profit. 4.3
ASSOCIATION PUBLICATIONS AND WEBSITE
a. Except where otherwise indicated, electronic, spoken, printed, broadcast or any other
use or reproduction of any copy, material, branding, logos, images, trademarks, sales
marks or copyrighted material from NEFAR publications and website is prohibited
without the express written consent of NEFAR’s Chief Executive Officer, Board of
Directors, or Communications Director. When such written approval is granted, all such
uses must provide appropriate source credit to the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®.
b. The Communications Director and/or the Chief Executive Officer are responsible for
determining content in NEFAR publications and website and shall determine appropriate
venues and tactics for dissemination of all relevant information and announcements.
c. NEFAR’s publications and website are for the distribution of organizational news and
information about NEFAR and its wholly owned subsidiary, the Northeast Florida
Multiple Listing Service, as well as selected information about Florida Realtors and the
National Association of Realtors. NEFAR publications and its website are not intended
for dissemination of news, information or promotion for other organizations / groups
(including allied industry groups) nor are they for individual member, broker, firm or
organization news or announcements. NEFAR does offer an advertising option on its
website, NEFAR.com, whereby advertising may be purchased by individual members
and non-members alike, as well as other firms, groups and organizations.
4.4
MEDIA RELATIONS / SPOKESPERSONS
a. No NEFAR member, council, task force or committee member shall speak on behalf of
the Association nor represent any position of the Association to any member of the
media, person or group unless prior authorization has been granted by the NEFAR Chief
Executive Officer, the Board of Directors or the Communications Director.
b. Authorized spokespersons for NEFAR are NEFAR’s current President, Chief Executive
Officer, and Communications Director. An exception to this policy is NEFAR’s
Government Affairs Director, who is an authorized NEFAR media spokesperson on
government affairs and legislative matters only.
4.5
LETTERS TO THE EDITOR
a. Any letter to the editor of any publication or web site on behalf of or representing the
Association or its positions must have the written approval of the Chief Executive Officer.
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4.6
NEWS RELEASES
a. All news releases relating to the Association – including business, policies, issues or
events, including NEFAR committee, council or task force events or meetings - must be
issued or approved in writing by NEFAR’s Communications Director or the Chief
Executive Officer.
4.7
FLIERS
a. Use and distribution of promotional or informational fliers created by anyone other than
NEFAR’s Communications Director or a professional graphic artist hired by NEFAR's
Communications Director is prohibited, unless pre-approved by NEFAR’s Chief
Executive Officer or the Communications Director.
b. Flier requests should be submitted in writing to the Communications Director with as
much advance notice as is possible, but no later than a minimum of five full business
days prior to the time/date needed.
4.8
TIMELINES
Information submitted for publication consideration in NEFAR publications and website
should be both timely and newsworthy. Parties interested in submitting information should
contact NEFAR’s Communications Director as early as possible for coordination, creation
and dissemination of all announcements and information, including event promotion.
a. NEFAR Member Update - Copy only submittals (without fliers) for NEFAR’s Friday enews blast is required no later than Thursday at noon. See Fliers section above for
instances in which a flier is requested in addition to copy. All information for
consideration must be submitted to the Communications Director via email (no verbal
submissions).
b. NEFAR.com: Copy for consideration of inclusion on NEFAR.com should be submitted to
NEFAR’s Communications Director at least three full business days prior to the date on
which the information should appear.
4.9
EDITING
a. All copy submitted for publication consideration in NEFAR publications and website is
edited by the Communications Director for content, writing style, clarity and spatial
considerations.
4.10
PHOTOGRAPHS
NEFAR posts photos of organizational events and happenings on NEFAR.com and its social
media sites. Digital photos taken at NEFAR events may be submitted to NEFAR's
Communications Director for posting consideration. Submission of photos does not
guarantee use. To be considered, photos must be of good quality and clarity. To maintain an
image of NEFAR members as professional business persons, photos that include alcoholic
beverages and/or consumption, whether taken on or off NEFAR premises, are used
sparingly. Photos that depict or include: revealing clothing or nudity; risqué behavior; illegal
acts or subjects; abusive, demeaning, profane, crude or racist language, behavior, signage
or imagery; or anything of a sexual or provocative nature will not be used. Images are very
subjective: what is acceptable to one person may be objectionable to another.
4.11
DEATH/ILLNESS PUBLICATION POLICY
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With more than 6,000 members, NEFAR receives frequent requests asking the Association
to publicize notices regarding deaths and/or illness. As a result, the following publication
policy is established:
a. Illness: NEFAR does not publish any information regarding member or non-member
illness.
b. Death: applicable to current and former NEFAR members - Upon written request from an
immediate family member or a member of the deceased’s NEFAR affiliated firm, the
Communications Director will place a small obituary notice on NEFAR.com and/or
Facebook page to alert NEFAR members of the funeral/celebration of life services. If
such request is received after the funeral/services but within a month of the death, a
small notice may be placed on NEFAR.com and/or NEFAR's Facebook page.
4.12
WEBSITE / ELECTRONIC MEDIA POLICY
NEFAR's website, NEFAR.com, has been established to provide access to member
services and information as well as information to the general public. The Web site is
updated on a regular basis. Information and updates are posted solely by NEFAR staff.
a. Privacy: NEFAR respects the privacy of each visitor to NEFAR.com. NEFAR may use
cookies. Any personal information provided by a visitor will be used solely by NEFAR for
internal purposes and, where appropriate, to contact individuals directly. Personal
information is not be sold and is shared only with third-party service providers who
perform functions on NEFAR's behalf, including processing credit card payments,
providing technical support, analyzing data, or providing website assistance.
b. Copyright: The contents of all materials contained on NEFAR’s website are owned by
the organization (except where otherwise indicated) and are protected by U.S. and
international copyright laws. All rights are reserved by NEFAR, and visitors may not
copy, reproduce, download, upload, republish, disseminate, post, distribute, or transmit
by any means the contents of the website, except with the prior express written
permission of NEFAR or except as otherwise indicated on the site itself (as in the case
with Market Statistics, for which specific usage guidelines are included on the site).
Copyright infringement is a violation of U.S. federal law, and violators are subject to
criminal and civil penalties.
c. The information contained on NEFAR.com is provided by the organization for general
informational purposes only. None of the information on NEFAR.com is intended or
should be construed to be legal advice or a legal opinion. While every effort has been
made to ensure that the information contained on NEFAR.com is as accurate as
possible, omissions and errors may occur. Also, because of the nature of website
development, maintenance, and updating, the information contained on NEFAR.com
may not reflect the most current developments. NEFAR and its contributing authors
expressly disclaim all liability to any person with respect to the consequences of any act
or omission committed based upon reliance, in whole or in part, on any of the contents of
NEFAR.com.
d. NEFAR.com and publications from NEFAR contain links to other Internet addresses
(“third-party sites”). Such third-party sites contain information created, published,
maintained, or otherwise posted by institutions or organizations independent of NEFAR.
NEFAR does not endorse, approve, certify, or control these third-party sites and
therefore cannot guarantee the accuracy, completeness, efficacy, timeliness, or correct
sequencing of information located at such addresses. The information on NEFAR.com
and the linked third-party sites is provided “as is” and without warranties of any kind,
either expressed or implied. To the fullest extent permissible pursuant to applicable law,
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NEFAR disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. Use of any information
obtained from such third-party sites is voluntary, and reliance upon it should only be
undertaken after an independent review of its accuracy, completeness, efficacy, and
timeliness. Reference therein to any specific commercial product, process, or service by
trade name, trademark, service mark, manufacturer, or otherwise does not constitute or
imply endorsement, recommendation, or favoring by NEFAR.
e. NEFAR.com and NEFAR publications are provided for use at the users own discretion
and risk. Users assume full responsibility for all costs that arise out of its use. Neither
NEFAR nor any of its officers, directors, partners, employees, affiliates, subsidiaries,
agents, representatives, or licensors shall be liable to you or any third party for any
compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential
damages, or attorneys’ fees, arising out of your use of NEFAR.com or NEFAR
publications, nor for inability to gain access to or use NEFAR.com or NEFAR
publications, nor out of any breach of any warranty, even if such parties have been
advised of the possibility of such damages or such damages were foreseeable.
4.13
EMAIL PRIVACY POLICY
a. Through membership in NEFAR, members are establishing a business relationship with
NEFAR and authorizing use of the email addresses provided to the organization.
b.
NEFAR may use email addresses provided by its members for communication and
promotion of NEFAR events, meetings, education programs, products, and services, or
other business uses unless specifically instructed otherwise by an individual member.
c. NEFAR shall provide recipients of all mass email communications the opportunity to
unsubscribe from email distribution lists.
4.14
FAX PRIVACY POLICY
a. Through membership in NEFAR, members are establishing a business relationship with
NEFAR and authorizing use of the fax numbers provided to the organization.
b. NEFAR may use the fax numbers provided by its members for communication and
promotion of NEFAR events, meetings, education programs, products and services, or
other business uses unless specifically instructed otherwise by an individual member.
4.15
OPT-OUT POLICY
a. NEFAR will provide each member equal opportunity to opt out of any communication
method used by NEFAR. Members are notified regarding these opt out policies via each
individual communication channel.
4.16
SOCIAL MEDIA POLICY
a. Purpose, Policy, Principles and Privacy
1. Purpose
The NORTHEAST FLORIDA ASSOCIATION OF ASSOCIATION OF REALTORS®
(NEFAR) recognizes that the Internet provides a variety of opportunities to participate in
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interactive discussions and promote and share information and imagery using various
social media outlets. However, use of social media can pose risks to NEFAR’s
confidential and proprietary information, reputation and brands, and can jeopardize the
Association’s compliance with the law, NEFAR’s bylaws and policies, and adherence to
the National Association of Realtors (NAR) Code of Ethics. This policy applies to NEFAR
staff (employees), the Board of Directors, contractors, volunteers, members of NEFAR
or any third party who participates in social media activities with or on behalf of NEFAR.
2. Policy for authorized NEFAR staff and members posting to NEFAR sites If you are an
employee, member, contractor, or volunteer of NEFAR or are contributing to blogs,
wikis, social media outlets, networks, platforms, virtual worlds, video channels such as
YouTube or any other kind of social media both on and off NEFAR’s website(s), these
guidelines are for you. NEFAR expects all who participate in social media on behalf of
the Association to understand and follow these guidelines. These guidelines will
continue to evolve as new technologies and social networking tools emerge, so check
back occasionally to make sure you are up to date.
3. Principles
a. Be professional. Remember that you are an ambassador for our organization both
on and off the job. Wherever possible, disclose your position as a representative of
NEFAR.
b. Be responsible and honest at all times.
c. Be credible, accurate, fair, and thorough.
d. Post meaningful, respectful comments. Do not post spam or remarks that are
off‐topic or offensive.
e. Respect proprietary information and confidentiality of our members and of our
internal operations.
f. When disagreeing with others’ opinions, be objective and respectful.
g. Remember that your online comments create permanent records and may be
republished in other media.
h. Stay within the legal framework and be aware that antitrust, libel, copyright and
data protection laws apply. Do not plagiarize copy from any source. Do not copy and/
or download any logo, graphic, icon, photo, design element, video, music, art work,
verbiage, comment, name, title, opinion, chart, statistics, or any other item from any
source without explicit, written permission directly from the owner of the source.
Important: copyright issues are the largest source of intellectual property lawsuits. If
NEFAR does not own it or have written permission from the owner to use it, DO NOT
USE IT. When written permission is obtained for any item, appropriate source credit
must still be attributed.
i. Do not disclose sensitive or “insider” information, make commitments or engage in
activities on behalf of NEFAR unless you are authorized to do so. If in doubt, avoid
any contribution until you have received express permission from NEFAR’s
Communications Director Melanie Green or NEFAR CEO Glenn East. If in doubt,
leave it out.
j. Even in your private communications, don’t forget your day job and / or alliance
with NEFAR. You are a representative of NEFAR.
4. Privacy
All contents of NEFAR’s website, networks, email system, databases, hard copy or
digital files, and all other resources and communications systems are the property of
NEFAR. Staff and/or representatives can have no expectation of privacy whatsoever in
any message, file, data, document, facsimile, social media post, or any other kind of
information or communication transmitted, received, printed, stored or recorded on
NEFAR’s print and/or electronic information and communications systems.
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b. Honesty, transparency, corrections, fairness and value
1. Honesty, Transparency and Corrections
Social media is no place to hide. Use your real name to identify yourself if you are
commenting about NEFAR or its programs, products, services, etc. If you make a
mistake, admit it. Be upfront and be quick with your correction. For example, if you are
posting to a blog, you may choose to modify an earlier post - just make it clear that you
have done so.
2. Fairness
There can be a fine line between healthy debate and hysterical reaction. Do not make
derogatory posts regarding NEFAR, any other Association, or Association staff, leaders,
members, and / or the profession in general, nor of consumers, clients or customers.
Invite differing points of view without inflaming others. Once your words are online, you
cannot recall them. Once an inflammatory discussion gets going, it is hard to stop.
3. Add Value
Social media sites receive heavy traffic. The goal of NEFAR’s social media efforts is to
add value to NEFAR members by providing news and information on subjects that are of
interest primarily to NEFAR members. Whether the information is thought‐provoking,
builds a sense of community, helps people improve knowledge or skills, build their
businesses or solve problems, or helps them understand NEFAR better, then it is adding
value. Although called social media, when you are using NEFAR channels or posting as
a representative of NEFAR, please limit posts to those that directly relate to NEFAR
business matters. If you are tempted to post about your child’s antics, a new local
restaurant or any of your personal endeavors that you think readers would love to know,
please refrain. When it comes to posting non-NEFAR business information / photos/
videos, etc. on NEFAR channels or on behalf of NEFAR, just don’t.

Be conversational. Social media is conversational, so write posts in a fashion
that mimic conversations you would conduct with people in professional
situations.

Perception is reality. In online social networks, the lines between public and
private, personal and professional are blurred. When you are posting as a
NEFAR staff member or representative of NEFAR, you are creating a perception
about NEFAR by our members and by the public. Avoid any language, image,
topic or situation that could result in a negative perception of NEFAR. When in
doubt about any content you are considering posting, contact NEFAR
Communications Director Melanie Green or NEFAR CEO Glenn East.

Write what you know. Make sure you post within your area(s) of authorization
and expertise only. Each NEFAR staff member and / or social media
representative is authorized by NEFAR to post content regarding specific
business segments or areas of NEFAR only. There are additional guidelines to
consider as well: please respect brand, NEFAR’s and/or the Realtor logo and
trademarks, copyright, antitrust, confidentiality and financial disclosure laws. If
you have any questions about any of these, contact NEFAR CEO Glenn East or
NEFAR Communications Director Melanie Green. You are considered by
NEFAR to be personally responsible for your content postings.
c. Posting Guidelines For Authorized NEFAR Social Media Posters
The authority to post on NEFAR’s social media sites that is conveyed to selected
NEFAR staff and authorized social media representatives includes the adherence to all
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other sections of this NEFAR Policy Manual. Specific issues of note are that NEFAR's
policy manual states that use of the NEFAR logo or name is expressly prohibited without
written authorization from NEFAR’s CEO or Communications Director. In addition, the
limited authorization by NEFAR to permit postings on social media sites by NEFAR staff
and authorized representatives does not alter the restriction on NEFAR’s media
spokesperson’s policy. With the exception of the authority conveyed to NEFAR staff and
authorized NEFAR representatives within this social media policy to post on social
media sites only, media spokespersons for NEFAR are limited to NEFAR
Communications Director Melanie Green, the current NEFAR president, and NEFAR
CEO Glenn East. Government Affairs Director Nancy Garcia is also an authorized
NEFAR spokesperson regarding matters or government / legislative affairs only. As a
NEFAR staff member or authorized social media representative poster, if you are
contacted for input or comment about NEFAR from any media outlet, including any
social media outlet, direct the inquiry to NEFAR Communications Director Melanie
Green.
d. Images, Videos, Music – Use And Subject Matter
Use: Reminder - copying/downloading/using any image, video or music that is
not personally created or owned by you, or by NEFAR, or that is owned by
someone from whom NEFAR does not have written permission to use, should
not be posted to a NEFAR social media site – no exceptions.
Subject Matter: Please exercise caution when uploading images (photos, clip art,
graphics, etc.), video or music even when you have personally created/own the items, or
they are owned by NEFAR, or when NEFAR has received written permission to use
them. To maintain an image of NEFAR members as professional business persons,
please limit the number of images or videos that include alcoholic beverages, whether
they are taken on or off NEFAR premises. Additionally, please do not post images or
videos that depict or include: revealing clothing or nudity; risqué behavior; illegal acts or
subjects; abusive, demeaning, profane, crude or racist language, behavior, signage or
imagery; or anything of a sexual or provocative nature. Images are very subjective: what
is acceptable to one person may be objectionable to another. Please err on the
conservative side so that postings can pass muster with a “PG” rating.
e. Negative Postings and Inappropriate Comments
Although negative comments can provide an opportunity to discuss and respond to
issues, it is very important to develop response guidelines and policies to deal with
negative comments that are unproductive. In general, negative comments fall in two
categories:
1. Constructive criticism.
If the comment is constructive criticism, then you should respond as follows:
a.
b.
c.
d.
Establish whether the problem or complaint is legitimate.
Acknowledge the problem.
Assure the poster that they have been heard.
Your response to the negative poster should be positive and respectful and
maintain a friendly voice of authority.
2. Unwarranted attack, commonly referred to as trolling or spam. If the comment is
trolling or spam, then you should respond as follows:
a. In many cases, it is best to ignore the poster. But, if a response is warranted,
then politely and respectfully respond to the poster and then leave it alone.
b. For sustained attacks, especially unwarranted attacks, often other community
members will step in, making your response unnecessary.
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c.
In response to unwarranted attacks, it is often most effective to ignore the
commenter, which takes away the fuel for their fire.
d. More often than not, deleting negative comments is not a good practice and will
risk creating a larger backlash. Exception will be made for obviously abusive,
obscene or socially unacceptable comments.
3. Inappropriate Comments
If you have a comment or would like to report an inappropriate comment for NEFAR to
review, send an email to [email protected].
f. Rogue Pages | Sites | Groups | Handles, Etc.
It is against NEFAR’s Policy Manual for anyone other than NEFAR’s
Communications Director or NEFAR’s CEO to create any website, social media site,
page, group, handle, etc. on behalf of any NEFAR committee, council, task force, or
any NEFAR sub-group. NEFAR’s staff, Board of Directors members, committee /
council / task force chairpersons and any NEFAR authorized social media
representative that becomes aware of an unauthorized website, social media site,
page, group, handle or social media post of any type depicting, using or containing
NEFAR information or its brand should immediately report it to Communications
Director Melanie Green at [email protected] or NEFAR CEO Glenn East at
[email protected]. NEFAR will contact the party responsible for the
unauthorized site, page, group, or post to request the immediate removal of
NEFAR’s information or brand using the Cease and Desist template / letter. (See
Exhibit A below.)
g. Specifics: Facebook
NEFAR’s social media outlets, current and future, are provided specifically for NEFAR
members to enhance their knowledge of NEFAR programs, products and services and to
engage in meaningful discourse regarding NEFAR business and activities. All content
posted to NEFAR’s Facebook groups and / or pages is subject to review and removal by
either the group / page administrator, NEFAR Communications Director Melanie Green or
NEFAR CEO Glenn East. The intent of this policy is not to keep any negative or critical
information from being posted, but to protect the privacy and rights of NEFAR staff and
members. Discussing NEFAR staff or members in a negative way will not be allowed. Group
administrators are responsible for reviewing all postings to ensure they do not run afoul of
the rules or practices.
NEFAR’S authorized social media representatives are required to use the official NEFAR
Facebook group / page for NEFAR business postings only. NO personal, individual or
company promotion is allowed. Each NEFAR Facebook group is authorized by NEFAR’s
Communications Director for a maximum of two persons to serve as administrators for their
respective group, as outlined below:
1) the NEFAR staff liaison for the respective group
2) the NEFAR chairperson of the respective group or a NEFAR designated
representative if the chairperson is unable or unwilling to post on the group’s page
NEFAR welcomes your thoughts and comments and aims to publish all submitted content
unless it:
 Contains language that NEFAR, in its sole discretion, considers offensive or
inappropriate for any reason. This includes, but is not limited to, remarks that are
racist, homophobic and/or sexist as well as those that contain obscenities or are
sexually explicit.
 Infringes on the logos, trademarks or copyrights of NEFAR, other Realtor
associations, or any third parties.
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




Breaks the law or encourages others to do so. This includes respecting copyright
and fair use laws. If you are talking about somebody else’s work, reference that
work or the person, and where possible include a link.
Easily identifies members and / or staff of NEFAR in defamatory, abusive, or
negative terms. Derogatory, vulgar or offensive comments and statements that
are targeted at other organizations or individuals are also prohibited.
Does not show proper consideration for others’ privacy or are considered likely to
offend or provoke.
Is not relevant to the site or a post that is being responded to.
Is a commercial endorsement, advertorial, self- or non-NEFAR related
promotional post, or spam.
The page administrator(s) reserves the right to:
 Keep discussion comments positive and productive.
 Remove comments at any time, for any reason.
 Acknowledge criticism that is legitimate and respond respectfully.
 Post photographs and videos from NEFAR programs and / or events.
h. Specifics: LinkedIn, Twitter, YouTube, Pinterest, And All Other Social Media Outlets
Currently, NEFAR does not authorize any staff member or authorized social media
representative to post to any social media outlet other than to Facebook (as outlined above)
on NEFAR’s behalf, with the exception of, NEFAR Communications Director Melanie Green,
NEFAR CEO Glenn East, or NEFAR Government Affairs Director Nancy Garcia. This policy
is subject to change. All such changes to this policy will be promptly amended and therefore
noticed in this Social Media Policy, with the most current version being posted to
NEFAR.com at all times.
i. Specifics: On NEFAR's Behalf
Throughout this Social Media Policy, the statement “on NEFAR’s behalf” is used in many
instances. NEFAR’s Social Media Policy is not an attempt to impinge upon any individual’s
rights or preclude any NEFAR member from exercising free speech in social media posts by
posting generalized information about NEFAR events, classes or other activities. Example:
tweeting “Heading to NEFAR’s May 10 general meeting – see you there!” is perfectly
acceptable. Conversely, announcing, giving specific official details, or otherwise suggesting
by any manner that such posts are an official post from an authorized NEFAR
representative is not acceptable. All such posts referencing NEFAR that are not made by an
authorized NEFAR poster are the sole responsibility of the individual posting and should not
be construed to be authorized by, for, or on behalf of NEFAR. NEFAR assumes no
responsibility for their accuracy, timeliness or any other facet of such posts. All official
NEFAR posts are authorized by NEFAR only through the methods and channels as outlined
above.
j. NEFAR Social Media Policy Acknowledgement of Receipt and Review
By my signature below, I affirm that I have received, read and understand all contents
contained within NEFAR’s Social Media Policy. I understand that NEFAR expressly
reserves the right to change, modify, update, or delete its provisions without immediate
notice.
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I am aware that NEFAR’s official social media sites/pages/groups, etc. are designed to
provide NEFAR members with the ability to share information about the business affairs
of the NEFAR group, not for personal posts. Examples of valid group posts are about
upcoming meetings, events, socials, photos and/or videos from same, agendas,
minutes, etc.
As a NEFAR authorized representative participating in NEFAR’s social media efforts, I
understand that my role is not extended to nor is it delegable to any other individual or
group. I further understand that I may not provide my password for a NEFAR social
media page or group to any other person, including NEFAR staff members, personal
assistants, family members, team members or other.
Should an authorized member representative participating in NEFAR’s Social Media
provide their login password to anyone, their authorization to participate in NEFAR’s
Social Media shall be terminated.
______________________________________________________________________
[FULL NAME - PRINTED]
NEFAR Staff Liaison or Authorized Member Representative participating in NEFAR’s
Social Media
______________________________________________________________________
[Signature]
NEFAR Staff Liaison or Authorized Member Representative participating in NEFAR’s
Social Media
___________________________________________
[Date]
k. EXHIBIT A - Cease and Desist Letter
{DATE}
{NAME}
{ADDRESS}
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69
{CITY, ST ZIP}
Dear {NAME}:
It has come to the attention of the NORTHEAST FLORIDA ASSOCIATION OF
ASSOCIATION OF REALTORS® (NEFAR) that you have created a (Facebook /
LinkedIn group / Twitter account, etc.) using the NEFAR name and/or logo.
We would like to make sure you are aware of the rules for using the Realtor trademark
and/or the NEFAR logo and brand identity so that you can make the necessary changes
to this established group.
NEFAR policy, Section 4 states that the use of the NEFAR logo, name or brand is
expressly prohibited without written authorization. Further, NEFAR’s NEFAR Policy
Manual, Section 4 states that authorized spokespersons for NEFAR are limited to the
current President, NEFAR’s CEO, NEFAR’s Communications Director, and NEFAR’s
Government Affairs Director in certain instances.
NEFAR ‘s Social Media Policy further stipulates that posting to any and all social media
outlets on NEFAR’s behalf or using any implied affiliation to NEFAR is limited to NEFAR
staff and authorized representatives of NEFAR.
While we appreciate your initiative to create the group, page or posting, we respectfully
ask that you delete the group and/or page that you have created, as it is an incorrect use
of the Realtor trademark and a violation of NEFAR’s Bylaws, Policy Manual and Social
Media Policy.
Your cooperation with this request allows NEFAR to continue its efforts to promote to our
members and the general public the distinction and importance of being a Realtor and /
or member of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®.
Thank you in advance for your cooperation.
Sincerely,
William “Glenn” East, NEFAR CEO
SECTION 5 – GENERAL OPERATIONAL POLICIES
5.1
OPERATING HOURS FOR MAIN OFFICE
a. The main NEFAR office is open from 8:30 a.m. to 5:00 p.m., Monday through Friday.
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5.2
OPERATING HOURS FOR SATELLITE SERVICE CENTERS
a. The satellite service center office hours are 8:30 a.m. to 5:00 p.m. and are normally
closed for lunch between the hours of 12:30 and 1:30 each day. The Putnam service
center is open Monday, Wednesday and Friday and the St John's service center is open
Tuesday and Thursday.
b. Scheduled appointments have priority over walk-ins and will assure the staff member is
in the satellite office. Appointments will ultimately provide faster customer service.
c. If you do not have an appointment it is advisable to call ahead to confirm the satellite
office is open and to schedule an appointment.
d. The satellite offices are normally manned by one staff member and the offices may be
closed without advance notice due to staff assisting with council events, education
classes, illness, emergencies, vacations, etc.
5.3
OFFICE KEYS
a. Keys and security cards to the main office are held by the Chief Executive Officer,
NEFAR staff members and NEFMLS staff members only. Keys and cards are not to be
loaned or duplicated in any manner. If keys or security cards are lost it should be
reported to the Chief Executive Officer or the Systems and Accounting Manager
immediately. At no time shall a key or security reader card to any of the offices be given
to anyone other than a staff member of NEFAR or NEFMLS.
b. If one of the meeting spaces is rented by a member, the public access will be handled
through the rental agreement.
5.4
MEETING AND CONFERENCE ROOMS
a. NEFAR Committees, Task Forces, Councils, FR and NAR may use the Association’s
facilities at no additional charge subject to availability. NEFAR has priority in scheduling
and use of the facility. NEFAR/NEFMLS personnel may personally use the rentable area
of the main office facility once during the year by covering the breakdown/setup fees and
the janitorial fees subject to availability and prior written approval of the Chief Executive
Officer.
5.5
PARKING LOT
a. Parking spaces in the NEFAR main office parking lot are not for lease.
b. Main office parking lot may be used for events subject to approval by the Chief
Executive Officer.
c. Vehicles left in the parking lot unattended after hours or overnight are subject to being
towed and the vehicle owner will be liable for all towing and storage charges. Cars may
be found at Abe’s Wrecker Company, 3261 Phillips Highway, Jacksonville, FL., (904)
398-6229.
5.6
NO SMOKING POLICY
a. In keeping with the Clean Air Act, NEFAR has mandated and implemented a “No
Smoking Policy”, including electronic cigarettes, on its premises, including all interior
and most exterior areas. All smoking shall be done either off of the NEFAR premises or
only in designated areas. Smoking shall not be within 50 feet of the front door of any
NEFAR facility.
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b. Any person found to be smoking in violation of this policy, on a NEFAR premise or in a
facility or designated non-smoking area shall be requested to immediately leave the
premises. Refusal to abide by the NEFAR “No Smoking Policy” shall be grounds for
disciplinary actions by the Board of Directors.
c. If a person/member violates the NEFAR “No Smoking Policy”, and smokes inside a
NEFAR facility, they will be held responsible for their act, be subject to disciplinary
actions by the Board of Directors, and be held personally liable for any and all
maintenance / cleaning of the facility, carpets and its HVAC and ventilation systems
affected by their smoking.
5.7
USE OF VENDORS
a. Any purchases of goods or services from outside vendors by Association Chairs or
members shall be coordinated through the staff liaison and subject to approval by the
Chief Executive Officer. This includes, but is not limited to, printing, supplies, novelties,
plaques, photography, creative services, event speakers, etc.
5.8
SIGNING OF BINDING CONTRACTS OR AGREEMENTS
a. Any contract obligating the Association in any manner (financially or otherwise), whether
or not within the authorized budget or scope of prior approved funding, must be signed
or expressly approved by the Association’s Chief Executive Officer or the current
President. If executed by the President a fully executed copy shall be sent to the Chief
Executive Officer
5.9
ASSOCIATION NOTICES/PROMOTION: PUBLICATIONS, WEB SITE, FLYERS
b. Chairs of NEFAR’s Councils, Task Forces and Committees should contact NEFAR’s
Communications Director for creation, coordination, and dissemination of all information,
announcements and event promotions.
c. The Communications Director shall determine appropriate venues and tactics for
dissemination of all information and announcements. All information submitted for
articles and/or flyers is edited by the Communications Director for content, writing style
and clarity. Chairs should contact the Communications Director as early as possible to
coordinate placement of promotional notices about activities, programs and events.
5.10
CHARITABLE CONTRIBUTIONS
a. The Association should not financially contribute directly to charities or charitable
causes. All NEFAR charitable contributions should be made through the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® CHARITABLE FOUNDATION INC. All
requests for disbursement of recommended donations are at the discretion of its Board
of Trustees.
5.11
PERSONNEL POLICIES
a. All policies made for members regarding employees shall be recorded in the NEFAR
Policy Manual, which shall be updated annually by the Board of Directors. All policies for
employees shall be recorded in the “NEFAR Employee Handbook” or an “Internal
Operations Manual” which shall be updated annually by the Chief Executive Officer and
legal counsel.
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5.12
RECORD RETENTION AND DESTRUCTION POLICY
a. NEFAR’S Document Retention and Destruction Policy identifies the record retention
responsibilities of staff, volunteers, members of the Board of Directors, and outsiders for
maintaining and documenting the storage and destruction of NEFAR’S documents and
records.
b. The Organization’s staff, volunteers, members of the Board of Directors and outsiders
(i.e., independent contractors via agreements) shall be required to honor these rules:
1) paper or electronic documents indicated under the terms for retention below will
be transferred and maintained accordingly;
2) all other paper documents will be destroyed after three years;
3) all other electronic documents will be deleted from all individual computers,
databases, networks, and back-up storage after one year; and
4) no paper or electronic documents will be destroyed or deleted if pertinent to any
ongoing or anticipated government investigation or proceeding or private
litigation.
c. Terms for retention.
*
5.13
1. Monthly Directors agendas, minutes and financial statements
7 years
2. Accounting, billing records and invoices
7 years
3. Checks and bank statements
7 years
4. Employee Records (if terminated)
6 years
5. NEFAR Publications
5 years
6. Company files
5 years
7. Contracts
7 years
8. Member Applications and files
7 years
9. Arbitration Decision/Award only
Permanent*
10. Code of Ethics Decision only
Permanent*
11. Committee/Task Force/Council files
3 years
12. Tax returns
7 years
Denotes decisions should be maintain permanently, preferably electronically, for future
reference but files should be destroyed after appeal process has passed.
FLOWERS, MEMORIALS AND DONATIONS
a. If timely notified, flowers or a memorial may be sent to the funerals of current and former
long-term REALTOR® members, and immediate families of Association staff, not
normally exceeding $75.00 plus delivery.
5.14
MAILING LIST
a. It is the policy of NEFAR to sell its membership mailing labels as long as the product or
service is of interest or related to the membership. A discount will apply if the purchaser
is a member of the Association. If requesting labels on a disk or electronically the list
must be sent directly to the mail house and may not be duplicated or shared.
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b. It is the policy of the Association not to provide or sell its memberships’ email addresses.
5.15
MEMBERSHIP LABELS
a. The NORTHEAST FLORIDA ASSOCIATION OF REALTORS® (NEFAR) reserves the
right to refuse to sell its membership list or membership address labels to any person or
entity, which, in the sole opinion of NEFAR’s Chief Executive Officer, or on advice of
legal counsel, may use the same for discriminatory, illegal or unethical purposes, or for
any purpose which is counterproductive to NEFAR’s objectives, purposes or which is
competitive with NEFAR.
b. A label agreement shall be signed by the requesting party which acknowledges among
other things that:
1. NEFAR’s CEO shall review and approve in writing all information or material to
be mailed.
2. The label list shall only be used one time by the requesting party unless
additional and appropriate fees are paid.
c. Membership Label Price List:
Full Membership
REALTOR® (DR’s included)
Affiliate members (Primary and Secondary)
DR’s and Office Managers only
CAR members
$200 + applicable sales tax
$175 + applicable sales tax
$ 50 + applicable sales tax
$ 50 + applicable sales tax
$ 40 + applicable sales tax
FR/NAR Member Price List:
Full Membership
REALTOR® (DR's included)
Affiliate members (Primary and Secondary)
DR's and Office Managers Only
CAR members
$300 + applicable sales tax
$275 + applicable sales tax
$ 75 + applicable sales tax
$100 + applicable sales tax
$ 80 + applicable sales tax
Non-Association Member Price List:
Full Membership
REALTOR® (DR’s included)
Affiliate members (Primary and Secondary)
DR’s and Office Managers only
CAR members
$400 + applicable sales tax
$375 + applicable sales tax
$100 + applicable sales tax
$150 + applicable sales tax
$200 + applicable sales tax
Price list subject to change without notice. Last revised 09/08.
5.16
MEETING PROTOCOL & ROBERT’S RULES OF ORDER
a. All meetings of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® and its
committees, Task Forces and Councils shall operate under the Robert’s Rules of Order.
The following are fundamentals of the parliamentary procedures to be followed:
1.
Obtaining The Floor
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a) Before you may address an assembly, the presiding officer must recognize
you.
b) You must speak from a standing position; and address yourself to the
Chairman.
2. Making Motions
a) Before a proposal or subject matter may be discussed by the group, you must
make a formal motion, which requires a “second.’
b) The purpose of the requirement of a “second” is to assure the assembly that
more than one person is interested in the proposal.
c) If there are no objections to the consideration of this proposal, the entire
assembly will discuss it and make a determination.
d) In making a motion, you being by saying, “Mr. Chairman (or Madame
Chairman), I move that……….” And then state your proposal clearly either in
writing or orally.
3. Amending The Motion
a) This technique is used when one wishes to add to, subtract from or alter a
motion that another has made.
b) In most instances, a “second” is required when offering an amendment.
c) Another may rise to amend the amendment. This technique is in order.
d) It should be remembered that there are only primary and seconded
amendments.
e) A motion can be amended only to the second degree. One may offer an
amendment to a pending amendment and that is all that is permissible at one
time.
f)
In other words, more than two amendments to a motion may not be pending
at one time.
4. Point Of Information
a) If an issue becomes too involved, one may seek a clarification by means
of a motion called “a point of information.”
5. Division Of The Question
a) It is quite possible that a proposal may entail two or more subjects. As a
member of the assembly, you can ask that each part be considered separately.
6. Point Of Order
a) This motion is used when there is a violation in parliamentary procedure.
You simply rise and address the Chair with the words, “I rise to a point of
order.” (Then you state your point.) The Chairman will recognize you.
7. Orders Of The Day
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a) This is a privileged motion and is used when there is a digression from the
agenda. When a meeting goes off on a tangent simply rise and make a “call
for the orders of the day.” The Chairman will then recognize you.
8. An Appeal From The Decision Of The Chair
a) If you as a member of the assembly disagree with a decision of the presiding
officer, you can appeal this decision when seconded.
b) You simply rise and move to appeal the decision of the Chair.
c) The presiding officer then puts the question to the assembly whether to
sustain or overrule his decision.
9. Motion To Limit Debate
a) To prevent a discussion from dragging on endlessly, one can make a motion
to limit each speaker’s time, or to limit the number of speakers, or the length
of the debate.
b) A two-thirds vote of the membership is necessary to approve this motion.
c) The converse motion is to extend debate. The same requirements prevail.
10. Motion To Refer
a) When a member of the assembly believes that further study to a proposal is
advisable, he moves that the pending question be referred to an appropriate
committee for review.
11. Ending Debate
a) Where a member of the assembly feels that the pending motion has been
thoroughly discussed, he may move to terminate debate by a motion called
“the previous question.”
b) He simply rises and addresses the Chair and says, “I call for the previous
question.”
c) A second is required for this motion.
d) A two-thirds vote is necessary for its adoption.
12. Motion To Table
a) This motion means to temporarily put aside the pending motion to consider
other business.
b) The member rises and addresses the Chair by saying, “I move that the
motion be laid on the table.”
c) A second is required for this motion.
d) The converse motion is to “take from the table.”
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e) These two motions are not debatable.
13. Motion To Postpone Definitely
a) A member of the assembly can propose that a pending motion, report, or
resolution be postponed to a fixed future time, or until the next meeting.
b) A motion to postpone indefinitely is the converse motion. Such a motion
generally is employed to “kill” the main motion.
14. Division Of The House
a) If a member doubts the accuracy of a “voice vote” (viva voce), he may call for
a “Division of the house.”
b) The vote is then taken by asking the members to stand, or raise their hands.
c) Polling the House.
15. Motion To Adjourn
a) This motion is used to terminate the deliberations.
b) This motion may be offered at any time.
c) The time and place of the next meeting should be specified in the motion.
5.17
RIGHT TO INSPECT:
a. It is the policy of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® that the
last three years Tax Form 990 and Form 1024 and any other records required by State
or Federal law are to be available for public review in the main office.
5.18
RECORDS EXEMPT FROM INSPECTION
a. It is the policy of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, a
Florida not-for-profit organization (501c6) not to provide public access to the following:
b. Any documents not required by law to be available for public review including but
not limited to:
1.
2.
3.
4.
5.19
Form 990-T, Exempt Organization Income Tax Return
Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations
Unaudited Financial Statements and Budget
Names and Addresses of Members or Contributors in the Association
PLACE OF INSPECTION
a. It is the policy of NEFAR to have the information for public view onsite at the main office.
Please call the Chief Executive Officer to preview the information.
5.20
ALCOHOLIC BEVERAGE POLICY
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a. NEFAR shall comply with appropriate Florida laws and contracts with hotels concerning
alcoholic beverages.
5.21
AFFINITY PROGRAMS POLICY
a. It is the policy of NEFAR to consider affinity programs on an individual basis as follows:
b. The organization’s Chief Executive Officer will have authority to disapprove such
arrangements at his or her sole discretion on a staff level. This decision is final and
cannot be protested.
c. With regard to possible affinity programs that may benefit NEFAR members, the Chief
Executive Officer will apprise the board of directors of such programs, and the board has
authority to approve or deny affinity program relationships accordingly.
5.22
ANTI-TRUST POLICY
a. It is the policy of NEFAR to abide by all laws with regard to antitrust issues at all times.
Appropriate legal counsel will be retained when establishing by-laws and policies that
include, but are not limited to:
1. Membership requirements
5.23
MUSIC LICENSING
a. It is the policy of the organization to comply with all permissions and licensing
requirements to use prerecorded music at meetings and so forth. Organizations that will
be contacted with regard to these licenses include:
5.24
1.
American Society of Composers, Authors, and Publishers (ASCAP)
2.
Broadcast Music, Inc. (BMI)
USE OR RENTAL OF ASSOCIATION FACILITIES
a. Members of the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® are
authorized to lease the NEFAR facilities listed below at the rate posted, plus staff costs,
if applicable, for that member's company real estate related meetings and seminars only
which shall at no time be open to NEFAR's general membership. All use is subject to
availability, prior scheduling, and at the discretion of the Chief Executive Officer.
b. An Association conference room may be rented to or used by members for noncompany real estate related meetings, or to individuals or organizations who are not
members, at the discretion of the Chief Executive Officer.
c. A Room Rental Agreement must be completed and signed prior to rental of a conference
room (see next page for example). When a conference room is in use after normal
working hours, at least one staff person must be present. Lessee shall pay a charge of
$24/hour per staff person; FR/NAR members shall pay a charge of $26/hour per staff
person; non-members shall pay a charge of $30/hour per staff person.
d. Satellite offices may only be rented during normal working hours due to limited staff
being available after hours.
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SATELLITE SERVICE CENTERS RATES
NEFAR Member
FR/NAR Member
Non-Member
$35/hour
$40/hour
$45/hour
Beach location
4130 S. Third St.
Jacksonville Beach
904-249-5171 or
904-394-9494 x1300
18’ x 30’ Conference
Room Availability
Classroom style –
seats 30 - 35
Putnam location
1723 Reid St.
Palatka
386-325-2965 or
904-394-9494 x1320
$10/hour
$25/day
12’ x 20’ Conference
Room Availability
or $12/hour or $35/day
$15/hour or $50/day
St John’s location
475 West Town Place
Ste 120
904- 417-6051 or
904-394-9494 x1330
25’x25’’ Conference
Room Availability
Classroom style –
seats 30 - 35
$45/hour
$40/hour
$35/hour
Southwest location
550 Wells Road,
Suite 12
Orange Park
904-251-0104 or
904-394-9494 x1310
14’+ x 14’+ Conference
Room Availability
$10/hour
$25/day
or $12/hour or $35/day
$15/hour or $50/day
NEFAR MAIN OFFICE ROOM RENTAL INFORMATION
Room Rental Fee:
Room
NEFAR Member Non-Member
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79
Capacity
Classroom
Theatre Conference
Lab
1/2 Auditorium
Entire Auditorium
Conference Room
37.50/hour
56.25/hour
35.00/hour
62.50/hour
112.50/hour
68.75/hour
40
80
N/A
75
150
20
N/A
N/A
N/A
N/A
N/A
N/A
Equipment Rental Fee:
Data Imager with VCR/DVD
Wireless Lapel Microphone
100.00/day
15.00/day
Coffee Fee:
15.00/100 cups 25.00/100 cups
Security/Clean-Up
Deposit:
Non-Refundable
Janitorial Fee:
Staff Hourly Rate:
(Based on number of
hours doors are opened)
Rental Fee Includes:
5.25
250.00/day
25.00/day
250.00
500.00
37.50
75.00
22.00
22.00
Sound system with handheld wireless microphone, internet access for instructor,
tables and chairs, projection screen, and kitchen (if applicable)
COMPLIMENTARY TICKETS TO NON-FUND RAISING EVENTS
a. Complimentary tickets will not be given to anyone other than those noted. Members of
the NEFAR staff are encouraged to attend Association events, and therefore, will be
issued one (1) complimentary ticket each. Local political leaders will be encouraged to
attend events as established on an annual basis by the Board of Directors. Committee,
Task Force and Council members will be responsible for purchasing their own ticket(s).
Guidelines are as follows:
3. Annual Installation Event. Complimentary tickets will be given to the FR
President (2), FR District One Vice President (2), Association President (6),
Association President-elect (4), Chief Executive Officer (2), guest speaker (2),
NEFAR’s Legislator of the Year (2), NEFAR staff (1), members of the invited
media and event sponsors (if established in advance).
4. REALTOR®-Builder Luncheon. Complimentary tickets will be given to NEFAR
and NEFBA leadership as determined and approved by the Realtor®-Builder task
force members.
5. Any exceptions must be cleared and approved by the NEFAR Chief Executive
Officer or President.
5.26
NEFAR LICENSING AGREEMENT
a. In order for NEFAR to endorse or allow a company to promote a benefit/service to
NEFAR members, they must be Affiliate Members of NEFAR and may be required to
sign a NEFAR approved licensing agreement. Exclusivity will only be considered based
on signing of a licensing agreement and payment of a licensing fee. Licensing fee shall
be determined on an individual basis.
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SECTION 6 - FINANCIAL POLICIES
6.1
RETURNED AND INSUFFICIENT CHECKS
a. There will be at minimum, a $25 service charge on all member checks returned and
marked by the bank as insufficient funds or account closed.
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b. If an individual has two checks (either personal, company or both) returned to NEFAR by
the bank, marked insufficient funds or account closed, the member may be required to
make all future payments to NEFAR by official check, cashier’s check, credit card, or
money order for the balance of the current year.
c. Checks marked either insufficient funds or account closed and, which are not made
good within 14 days, shall be either turned over to the State Attorney or a collection
agency for payment, or both. Check endorser will pay all costs associated with NEFAR’s
collection of payment for the check marked insufficient funds or account closed.
d. Check Velocity: Check Velocity is used by NEFAR and NEFMLS to collect checks
electronically.
NOTICE: IF YOUR CHECK IS RETURNED FOR NON-SUFFICIENT FUNDS, YOU
EXPRESSLY AUTHORIZE YOUR ACCOUNT TO BE ELECTRONICALLY DEBITED
OR BANK DRAFTED FOR THE AMOUNT OF THE CHECK PLUS ANY APPLICABLE
FEES. THE USE OF A CHECK FOR PAYMENT IS YOUR ACKNOWLEDGEMENT AND
ACCEPTANCE OF THIS POLICY AND ITS TERMS AND CONDITIONS.
Should a check be returned as NSF the check writer’s account is charged with the state
regulated NSF fee to cover the cost of collection. If the check writer’s account is charged
Check Velocity will carry this bad check information for a minimum period of one year
and may affect future check writing capabilities.
6.2
PAYMENTS BY CREDIT CARD
a. For the convenience of its members, NEFAR accepts the following credit cards for
payment of annual dues, application fees, events, luncheons, or other expenditures.
NEFAR accepts:
1. VISA
2. MasterCard
3. American Express
4. Discover
b. For security purposes, credit card payments for dues will not be taken over the phone by
NEFAR staff members.
c. Member credit card information shall not be stored in the membership database system.
d. All Association related charges will appear on your credit card statement as
“E-commerce”
6.3
REFUNDS
a. Dues, fees and assessments paid for any classification of membership are not
refundable at the local, state and national level under any circumstances. The
established bylaws and/or policies of the National Association of REALTORS®,
FLORIDA REALTORS®, and the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS® have a no refund policy on all dues, fees and assessments.
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6.4
CONTRACTS AND BINDING AGREEMENTS
a. Only the Chief Executive Officer and the current President are authorized to negotiate
and execute agreements or contracts, that financially or otherwise, obligates and/or
creates potential liability for the Association. All agreements and contracts must be
presented to the Chief Executive Officer or President for signature.
6.5
TRANSFER OF MONIES AND FUNDS
a. The Board of Directors extends authority to the Chief Executive Officer and the Systems
Accounting Manager for electronically or otherwise transferring Association monies
between the Money Market, Savings Account, and the Operating Account as needed or
directed by the Board of Directors to maximize interest and protect the Association’s
assets. The Chief Executive Officer shall be a signatory on all accounts and all requests
for transfers shall require advance approval and signatures of two account signors.
6.6
SIGNATORIES
a. The signatories for NEFAR’s financial and investment accounts shall be the current
President, President Elect, Secretary, Treasurer, the Chief Executive Officer and three
additional staff members designated by the Chief Executive Officer, excluding the
Systems and Accounting Manager or Accounting Administrative Assistant.
6.7
RESALE POLICY
a. All NEFAR programs, products and services shall include a NEFAR member, FR
member and Non-member price structure, when applicable.
6.8
DUES BILLING
a. In November, the annual Realtor® dues billing invoice, with a due date of January 1, will
be mailed to each individual member at their most current preferred mail address on file
in the NEFAR membership database.
b. At that time, Realtor® and Affiliate member due billing invoices will also be posted online
for payment by credit card. Credit card is NEFAR’s preferred payment method. While
paying online you may print an invoice and a copy of your receipt of payment. All
payments to NEFAR will show as “E-Commerce” on your bill.
c. For your personal security NEFAR uses a Bank Lock Box Service to collect all mailed
payments made by check. To ensure your security, please mail all payments made by
check to the NEFAR Lock Box Service.
d. Checks are payable to the “NORTHEAST FLORIDA ASSOCIATION OF REALTORS®”
and for security purposes should be mailed to the Bank Lock Box address below.
MAIL ALL CHECKS TO: NORTHEAST FLORIDA ASSOCIATION OF REALTORS®,
P. O. Box 24620 , West Palm Beach, Florida 33416. Client ID 600087
PLEASE DO NOT MAIL CHECK PAYMENTS TO ANY OF THE NEFAR OFFICES
e. NEFAR is not responsible for lost or untimely delivered payments by mail or other
deliveries unless there is a receipt of or proof of delivery, (e.g. certified mail return
receipt requested or a courier service receipt marked dues payment delivery).
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6.9
REQUESTS FOR CHECKS, PAYMENTS OR REIMBURSEMENTS
a. A check, payment or reimbursement request must be accompanied by and include a
“Check Request Form” available on www.nefar.com and either an invoice or appropriate
documentation such as agreement, statement, etc. and must have prior approval by the
Chief Executive Officer or the Chief Executive Officer’s designee.
6.10
TRAVEL POLICIES AND PROCEDURES
This policy outlines reimbursable expenditures for members traveling on behalf of the
Association. The NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, Inc. will not
reimburse expenses submitted which are not in compliance with the NEFAR Travel
Policy. The Chief Executive Officer shall review and approve all reasonable member
requests for reimbursement and if in doubt about a reimbursable may request the
Treasurer to review same for discretionary approval.
a. The Following Are Required To Receive Travel Reimbursement:
1. Dated Request Form & Date Of Event
2. Signature On Request
3. Departure And Arrival Locations
4. Purpose And Details Of Trip
5. Submission Within 30 Days From Date Of Travel
6. Original Receipts
a) All cash and credit expenditures greater than $15.00 must be verified with
original receipts attached to the expense form.
b) NEFAR requires receipts for all expenses and they should be stapled to your
expense report upon submission.
7. Photocopies And Faxed Receipts
a) Photocopies and faxed receipts are not normally accepted, however scanning
receipts and sending via email is acceptable.
b) In the event of a lost receipt, Members have the option of submitting a
separate explanation for expenditures which NEFAR may or may not accept.
These occurrences will be monitored so that the policy will not be abused.
c) Expenditures submitted for reimbursement which are outside the current
reimbursement policies will be adjusted and an explanation provided.
8. Air Fare
a) Reimbursed only with original receipt issued by the Airline at coach class rate
with date of travel listed on receipt.
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Electronic ticket purchasers have two options:
1) Request a receipt from the Airline at check in; or
2) Submit the boarding pass with a photocopy of the credit card charge.
3) Itineraries and receipts from Travel Agents or On-line Travel Agencies
are not acceptable. Frequent flier miles may be used but must be
accompanied by letter from airline or travel agency stating cost of
flight if it had been booked at least 30 days before travel at coach
rates.
b) Members and staff must
1) Reserve coach class, unless you personally pay the difference in
advance to fly business or first class, upon which coach class shall be
quoted and verified in writing at time of purchase.
2) Purchase tickets as FR in advance as possible to take advantage of
the lowest cost airfares.
3) Departure should be the day before the event or meeting and return
the day after it ends. If you choose to drive to a meeting in lieu of
flying, reimbursement shall be based on reasonable costs, but in no
case shall you be reimbursed for costs, which in total, exceed the
applicable coach airfare.
9. Lodging
a) Reimbursement for lodging will be the actual cost of room plus taxes (single
room rate) at host hotel or at a comparable hotel with same reasonable rate
for the area. Original hotel bill must be submitted for reimbursement.
10. Meals And Incidentals
a) When traveling on NEFAR business, reimbursement for meals, including tips,
shall not exceed $125.00 per day. Original receipts are required for
reimbursement.
b) When dining with other reimbursed members or staff, record amount under
meals and list guests on the receipt or expense form. Remember that each
reimbursed guest is still limited to $125.00 per day maximum in their meals
section.
c) Incidentals of a personal nature, (i.e., toiletries, snacks and mini-bar) are
reimbursable but only to the extent they are included in the $125 per day
maximum in the above meals section. Receipts are required.
11. Parking And Tolls
a) Reasonable parking, tolls, and valet parking (for security reasons) are
reimbursed at actual cost with receipts (parking meters only exception)
12. Personal Auto Mileage Reimbursement
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a) The owner of the vehicle used is to be reimbursed at the IRS allowable rate
for actual mileage traveled, which must be indicated. Clearly indicate
departure and arrival locations.
b) If mileage is questionable, NEFAR reserves the right to review MapQuest to
determine reasonable mileage and use the MapQuest mileage for calculating
reimbursement.
c) If two persons ride together, to or from an event, only the vehicle owner may
request reimbursement for mileage.
13. Airport Limo/Taxi/Shuttle/Bus
a) If applicable and business related, NEFAR will reasonably reimburse you
actual costs for airport transport, limo, taxi, bus, shuttle plus tips up to 15%
plus up to $1.00 per bag for unusual number of bags.
14. Telephone
a) All NEFAR related and reasonable business calls are reimbursable. It is
requested that all calls from a hotel room be kept to an absolute minimum
due to large surcharges added by the hotel to the phone bill. It is
recommended that you use your cell phone when making calls.
15. Tipping Allowances
a) room service – up to 15% (only if it is not automatically added to the bill)
b) room maid - up to $2.00 per day per room
c) bellhop/porter – up to $2.00 per bag
d) Skycap – up to $2.00 per bag
16. Reimbursement Timeframe
a) Travel reimbursement requests shall normally be processed within 14 days of
receipt by the Association, given there are no additional research
requirements.
17. Rental Vehicle
a) When feasible, the President and/or Chief Executive Officer are authorized to
rent a vehicle at the NAR conventions or NAR AE Institute for actual costs of
rental car, all insurance coverage options to protect NEFAR, plus gasoline
costs incurred with rental car usage during the rental period. Said rental
period shall not exceed four days. Mileage cannot be claimed along with car
rental expenditures. Parking costs and tolls will be reimbursed as incurred
and receipts should be kept.
18. Cash Advances for Travel
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a)
NEFAR may upon request, provide to members and staff, a cash advance up to
$50 a day for the business portion of the meeting if necessary. Said request
shall be approved by the Chief Executive Officer and all advances must be
accounted for as per policy and any unused or excess monies shall be
refunded.
b) If Chief Executive Officer requests a cash advance it shall be acknowledged
and the check signed by two other signatories on the checking account.
19. NON-REIMBURSABLE EXPENDITURES:
The Following Miscellaneous Items Are Not Reimbursable
a) Telephone calls not related to Association Business
b) Pitchers, cases or kegs of beer and/or bottles of liquor or wine
c) Personal entertainment (in-room movies, health club fees)
d) In-room serve-bars unless included in the maximum daily allowance or per
diem
e) Babysitting fees
f)
Laundry (unless business stay exceeds five business days then $ 35.00
allowance)
g) Purchase of books or magazines
h) Personal attire for banquets
i)
Barber or beautician fees
j)
Kennel fees
20. REWARDS, POINTS AND INCENTIVES:
a) Any and all hotel, airline, travel, event and credit card rewards, points and/or
incentives personally received from use of credit cards, airlines, travel
agencies, events and hotel stays shall remain the sole property of the
individual whose personal name appears on the rewards or incentive account
whether the charges, services, travel, events or other items were initially paid
for by the Association or the individual was reimbursed by the Association.
This policy extends to all NEFAR members and the Chief Executive Officer.
6.11
TRAVEL FUNDING FOR OFFICERS, DIRECTORS AND STAFF
a. NAR Meetings
1. NEFAR shall allocate funds (mileage, lodging, food, parking, transportation,
airfare, registration fees and limited entertainment) for the President, Presidentelect, Chief Executive Officer, and NEFAR’s NAR Directors to attend the NAR
Mid-Winter Meeting, the NAR Annual Meeting & Convention and the NAR
Leadership Conference.
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2. NEFAR shall allocate funds (mileage, lodging, food, parking, transportation,
airfare, registration fees and limited entertainment) to send the Government
Affairs Director and the Accounting Systems Manager to the NAR Mid-Winter
Meeting and to the NAR Annual Meeting & Convention.
a) The Systems Accounting Manager, when financially feasible, shall attend the
MMSI database user’s group meeting, technology meetings, direct vendor
relationship meetings, NRDS trainings and preview all trade show vendors for
possible new software or product solutions.
b) The Government Affairs Director, when financially feasible, shall be
responsible for coordinating NEFAR’s Congressional visits in Washington
D.C., and attending all NAR legislative, RPAC, RPAC fund raising, and public
policy meetings or events.
3. NEFAR shall allocate funds, when financially feasible, (mileage, lodging, food,
parking, transportation, airfare, and registration fees) to send the Professional
Standards Administrator, the incoming Professional Standards Chair and/or the
Chief Executive Officer to the annual NAR Professional Standards training.
b. FR Meetings
1. The Association shall allocate funds (mileage, lodging, food, parking,
transportation, airfare, registration fees and limited entertainment) for the
Association President, President-elect and Chief Executive Officer to attend the
FR Mid-Winter and Annual Convention meetings.
2. The Association shall allocate funds (mileage, lodging, food, parking,
transportation, airfare, registration fees and limited entertainment) for the
President-elect and Chief Executive Officer to attend the FR Chief Elected Officer
Symposium.
3. NEFAR shall allocate funds (mileage, lodging, food, parking, transportation,
airfare, registration fees) for the Education Director, Education Chair-elect and
the Chief Executive Officer to attend the FR Annual Education Workshop; and for
the Chief Executive Officer and Education Director to participate in the FR
Instructor Audition Panel and GRI selection committee.
4. NEFAR shall allocate, when feasible, funds (mileage, lodging, food, parking,
transportation, airfare, registration fees) for the Accounting Systems Manager,
Government Affairs Director, Education Director, Compliance Administrator and
Communication Director to attend the FR Mid-Winter and Annual Convention.
Attendance at FR meetings by staff members is subject to budget and at the sole
discretion and approval of the Chief Executive Officer.
5. NEFAR shall allocate funds (one night’s lodging at the FR meeting hotel or a
comparable hotel nearby with similar rate, up to a $125 food per diem, and either
mileage or airfare) for NEFAR’s annually appointed FR Directors to attend the FR
Director’s caucus and Director’s meetings at the FR Mid-Winter and FR Annual
Convention meetings.
c. Staff Development
1. The Association shall, when feasible, allocate (mileage, lodging, food, parking,
airfare, transportation or rental vehicle, if applicable, registration fees and limited
entertainment) to send the Chief Executive Officer to NAR’s Annual Association
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Executive’s Institute; the Florida Society of Association Executives Annual
Conference; and attendance at NAR and FR meetings and seminars which
contribute to maintaining the CAE and RCE designations. Additional funds may
be allocated for the Chief Executive Officer’s service on FR and NAR committees
during the year.
2. NEFAR shall, when feasible, allocate staff development funds (mileage, lodging,
food, parking, airfare, transportation, registration fees) to send the Systems and
Accounting Manager to the NAR AE Institute and FSAE Annual meeting; to send
the Professional Standards Administrator, the Education Director and up to two
additional staff members to the NAR AE Institute subject to the sole discretion
and approval of the Chief Executive Officer; and to send the Government Affairs
Director to NAR’s Annual GAD Institute.
6.12
PRESIDENTIAL REIMBURSEMENT
a. NEFAR shall allocate $100 per month payable to the President and report same with a
1099 at the end of the year. This money is to offset some of the additional mileage and
trips incurred as a result of service as NEFAR’s President.
6.13
MEETING ATTENDANCE POLICY
a. The NEFAR President, President-elect, Chief Executive Officer and reimbursed
members and staff are expected to attend the majority of the meetings and trade show, if
applicable, during the business portion of the trip. A report shall be given to the Chief
Executive Officer or Board of Directors on significant items or issues, when applicable.
6.14
AUTOMOBILE INSURANCE
a. It is the policy of NEFAR to periodically evaluate its exposure due to employees
operating automobiles in conducting organization business, and the Board of Directors
may maintain automobile insurance accordingly. In addition, the referenced automobile
insurance policy may extend to rentals.
6.15
ANNUAL AUDIT AND MONTHLY FINANCIALS
a. An annual audit of NEFAR’s finances shall be made by an external CPA firm, conducted
at approximately the same time every year (spring/summer). The annual audit shall be
conducted according to generally accepted accounting practices. The CPA firm shall
timely file all appropriate tax returns for NEFAR.
b. The monthly balance sheet and income statement shall be prepared and presented by
the CPA firm at the monthly Budget & Finance Committee meeting.
6.16
AUDIT FIRM QUALIFICATIONS
a. NEFAR auditors shall be certified public accountants. The qualifications of an audit firm
shall include a verifiable number of clients and experience commensurate with the needs
of the association and adequate resources to perform said audit.
6.17
CPA FIRM
a. The same CPA should not conduct the annual audit for more than three consecutive
years unless re-authorized by the CEO or Board of Directors.
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b. The same CPA should not prepare and present the monthly financials for more than
three consecutive years unless re-authorized by the CEO or Board of Directors.
6.18
CASH TRANSACTIONS
a. It is the policy of NORTHEAST FLORIDA ASSOCIATION OF REALTORS® not to
accept cash payments.
6.19
CASH MANAGEMENT & INVESTMENT POLICY
a. The Budget and Finance Committee is responsible for implementation and managing of
Investment Policies as approved by the Board of Directors including establishing
guidelines to create operating and capital reserves.
b. NEFAR shall maintain safety of principal for the operating account through use of a
sweep account or similar method of protection while providing sufficient liquidity to meet
its cash needs.
c. Changes in the investment institution(s) used for the operating account shall be made at
the request and direction of the Chief Executive Officer subject to approval by the
current Executive Committee or the Board of Directors. Changes shall be reported at the
next scheduled Budget and Finance and Board of Directors meeting.
6.20
INVESTMENT OBJECTIVES AND GUIDELINES
OVERVIEW
This document sets forth the objectives, responsibilities, strategies, and guidelines for the
management of the Association's operational and reserve investment funds.
Operational Funds consist of undesignated assets that are available for support of the
Association's ongoing current activities.
Reserve Funds consist of long term and current assets designated to fulfill funding
requirements for two specific purposes: (1) authorized Association activities that exceed
revenue sources and (2) the expansion, addition, replacement or repair of major fixed assets of
the Association (i.e. building mechanical components, computer systems, phone systems, etc.).
The fundamental objective of the Reserve Fund is to amass in reserves sufficient assets to
maintain the services of the Association through periods of economic downturn, to address
issues of critical concerns of the real estate industry and fund the sinking fund set-a-side
program for major fixed asset expenditures.
Objectives
 use sound investment vehicles that are adequately diversified to limit exposure to
changing economic conditions while combining that with timely market decisions and a
reasonable rate of return
 maintain sufficient liquidity to meet daily and projected cash needs of the fund
 Assess and establish the association’s investment risk posture as described below.
Investment market return data suggests that, over long periods of time, there is a relationship
between the levels of risk (i.e., volatility of investment returns) assumed and the level of returns
that can be expected in an investment program. In general, higher risk is associated with higher
expected returns.
Given this relationship between risk and return, a fundamental step in developing investment
objectives and guidelines for NEFAR is the determination of the association’s risk posture. The
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Investment and Treasury Management Task Force has examined both the association’s risk
tolerance, the ability to take on investment risk, and its risk preference, the willingness to take
on investment risk.
The association’s overall risk posture is balanced. The ability of NEFAR to assume risk is
balanced because there is a stable level of funds to invest, yet market conditions and
membership levels could affect that stability. The willingness of NEFAR to assume risk is also
balanced. There is a desire to obtain the best possible return, yet safely maintain the
association’s investments on behalf of the members.
RESPONSIBILITIES
Investment and Treasury Management Task Force
 implementation of investment objectives and guidelines
 monitor performance of investments assuring that objectives are being met while adhering
to the guidelines
 annually review investment objectives and guidelines.
 selection and monitoring the performance of Investment Management Firms
- a minimum of two firms will be used to reduce institutional risk
- at a minimum, every three to five years the Task Force will undertake a review
and/or search that results in a specific recommendation to the Leadership Team
as to which firms will be utilized
- the primary judgment criteria will be the performance of the Investment Firm as
compared to the approved benchmark indices over the course of a full market
cycle (three to five years), or as needed depending on performance versus
indexes or peer groups.
- violations of the investment objectives and guidelines could be grounds for more
immediate termination of services
 monitor the association’s operational funds set aside for investment.
 provide direction on rebalancing suggestions made by the Investment Management Firms
Investment Authorization
Dual signatures from any two out of three of the President, Treasurer, and Chief Executive
Officer of the association are required on any authorizations or documents necessary to be
executed in establishing, maintaining or closing account relationships.
Transfers of cash between NEFAR internally established Funds (Operating Fund, Reserve
Fund, etc.) shall be reported to the Investment and Treasury Management Task Force, as
well as the Treasurer of the association, or in their absence to the President of the
Association.
Investment Managers shall communicate proposed investment reallocations to the Chief
Executive Officer and the Investment and Treasury Management Task Force for the Task
Force to approve.
Investment Management Firms
 report on at least a quarterly basis the performance of the total fund investments they
are managing
 Provide monthly portfolio, as well as market reports. that keep the Task Force informed
of any material changes in personnel, investment strategies, or other pertinent
information that would potentially affect the performance of the fund investments they
are managing
 adhere to the NEFAR Investment Guidelines
 rebalance the investment portfolio as needed
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INVESTMENT STRATEGIES AND GUIDELINES
Asset Allocation Targets
The asset allocation will be diversified across growth strategies and income strategies. The
objective of the growth strategies is to provide a rate of return that will grow the purchasing
power of the investments. The objective of the income strategies is to minimize the principle
risk and maximize current income. There are two kinds of risk to minimize. Institutional Risk
relates to the capacity of the institution to preserve the assets of an investor. Investment
Risk relates to the degree to which an investment’s principle can fluctuate in value based on
market changes.
Asset Categories
 Investment Options will be made from the following list of categories:
Domestic Equity Investments
Domestic equity investments should primarily provide appreciation of principal as well as
current dividend income and growth of income, with the recognition that this requires the
assumption of greater market volatility and risk. Industry and company investments shall be
based upon demonstrable analysis of prospects for above average returns based upon each
Investment Managers objectives. Investments shall be primarily in well-seasoned, quality
companies whose securities enjoy marketability adequate for the portfolio. U.S. domestic
investments shall be chosen from the New York Stock Exchange, the American Stock
Exchange, regional exchanges, and the National over-the- counter market that continually
provide liquidity and are of good standing in the investment community.
International Equity Investments
International equity investments should be invested in portfolios of common stock that are
listed on national securities exchanges. Most if not all of these stocks will be domiciled in the
27 defined Developed countries and the rest of the Emerging countries. However, managers
may choose to invest in companies listed on the domestic exchanges as outlined above.
Investments may be made in stocks that trade over-the-counter and in other equity-related
securities and private placements as limited in the Investment Managers guidelines. It is
understood that investments in Non-U.S. developed and emerging countries exposes
additional risks including but not be limited to currency, political, industry, economical and
social.
Fixed Income Investments
Domestic fixed income investments should provide a highly predictable and dependable
source of income and reduce volatility of the market value of the total portfolio. The
investments shall be limited to government (Federal, State and Local) securities,
government agencies, mortgage backed pass-through's (government agencies), corporate
bonds, and other asset-backed securities deemed by the Investment Manager(s) and the
Finance Task Force to be appropriate. The maximum duration and maturity should be plus
or minus 20% of the representative benchmark for the Investment Manager(s). The credit
rating of all fixed income investments must be at least BBB by Standard and Poor’s or Baa2
by Moodys. An average rating of AA should be maintained, however, this average by be
lower or higher at times. Rating restrictions do not apply to Alternative and High Yield
Investment Managers; their guidelines supersede these restrictions as those investments
are defined as any that are not investment grade.
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International fixed income investments are acquired from outside the United States and may
provide additional diversification while still contributing an additional source of dependable
income. It should be noted that investments made outside the United States contain
additional risks and volatility. It is at the discretion of the professional Investment Manager(s)
to select prudent fixed income investments regarding country, credit, and industry.
Alternative Investments & Real Assets
Generally, alternatives may include managed futures, hedge funds, and absolute return
strategies. Real Assets can be defined as a Real Estate Investment Trusts and Commodity
Funds. Alternative investments offer risk/return profiles that may differ from traditional
investments such as publicly traded stocks, bonds, and cash. Additionally, alternative
investments may offer low to no correlation to traditional investments and can have risk
adjusted returns that by themselves exceed the risk parameters of this policy.
Associated Risk Definitions
 Investment options will fall within the following risk categories:
CASH EQUIVALENT
Secured Risk – Instruments maturing in less than 12 months, such as U.S. Government
Treasury bills and CD’s, Money Markets, and other accounts established with a financial
institution that are fully insured by FDIC, NCUA, FSLIC, SIPC or other US government
organizations. Short-term securities that are backed by the full faith and credit of the U.S.
Government or its agencies (Fannie Mae, Freddie Mac, etc.) CD’s, Money Markets, All
assets held within a trust company.
Minimal Risk - Commercial paper rated P1; as well as mutual funds or other pooled
securities that invest in those cash equivalents listed above and other accounts established
with a financial institution that are not fully insured by US Government organizations, but for
which the institution has obtained additional insurance or a letter of credit.
FIXED INCOME
Secured Risk – None
Minimal Risk – Due to investment risk, U.S. Government Treasuries and mutual funds or
other pooled securities that invest in those notes and bonds. Notes or bonds, which are
backed by the full faith and credit of U.S. government agencies as well as mutual funds or
other pooled securities that invest in those notes and bonds.(Fannie Mae, Freddie Mac, etc.)
Low Risk – Corporate bonds that have at least an “A” rating, as well as mutual funds or
other pooled securities, which meet such parameters; with the Managed Fund or Portfolio
needing to have an average quality of at least AA.
Securities are 12 months or less in duration to maturity.
Notes are one to five years in duration to maturity.
Bonds are six years or greater in duration to maturity.
Recommended Allocation Guidelines, Targets & Benchmark Indices
The Board of Directors expects the asset allocation guidelines to reflect and be consistent with
the investment objectives and risk tolerances expressed throughout the policy. These
guidelines, developed after examining the historical and future capital market relationships of
risk and return among asset classes, are designed to provide the highest probability of meeting
or exceeding the return objectives at the lowest possible risk.
The following table outlines the asset allocation guidelines with regard to acceptable asset
classes, the overall Target Asset Mix (and ranges), and the representative indices that will be
used to evaluate the performance of each asset class:
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NEFAR Funds Target Asset Mix
Asset
Minim um
Target
Maxim um
Representative
Classes
(-30%)
10.0%
Mix
(+30%)
24.0%
Index
Domestic Equity
Large Cap Equity
Mid Cap Equity
Small Cap Equity
International Equity
International Equity
Emerging Mkts Equity
Fixed Income
U.S. Fixed Income
High Yield
International Fixed Income
Alternatives / Real Assets
Managed Futures, Hedge
Funds & Absolute Strategies
Commodities
Cash
10.0%
16.0%
10.0%
4.0%
2.0%
12.0%
7.0%
5.0%
52.0%
36.0%
6.0%
10.0%
20.0%
8.0%
16.0%
2.0%
4.0%
6.0%
0.0%
0.0%
25.0%
7.0%
2.0%
0.0%
8.0%
5.0%
3.0%
37.0%
27.0%
3.0%
7.0%
14.0%
6.0%
4.0%
Russell 1000 Index
Russell Mid Cap Index
Russell 2000 Index
17.0%
10.0%
7.0%
MSCI EAFE Index
MSCI Emg. Mkts Free Index
75.0%
45.0%
9.0%
21.0%
Barclays Aggregate Bond Index
Merrill Lynch High Yield Index
Barclays Global Agg Bond xUS Index
26.0%
20.0%
Barclays CTA Index, HFRI Fund of
Fund Index
Dow Jones UBS Commodity Index
Per the NEFAR® General Policies, the Investment Task Force, with the majority of the
Leadership Team’s approval, has the authority to temporarily act outside of the NEFAR®
Investment Policy in order to preserve and protect NEFAR® assets.
Prohibited Investments
The following categories of securities and investment activity are not permitted for investment
without the prior written approval of the Board. Investment Manager's specific investment
objectives and prospectuses do not apply.
 Unregistered or restricted stock
 Initial Public Offerings.
 Individual futures trading
 Individual margin trading
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* Private placements
* Individually traded options
* Individual short sales
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SECTION 7 – EDUCATION AND REAL ESTATE SCHOOL
7.1
REAL ESTATE SCHOOL
a. The NORTHEAST FLORIDA ASSOCIATION OF REALTORS® has authorized the Chief
Executive Officer, under his personal broker’s license, to form a school of real estate and
further authorized the Chief Executive Officer to use the name of the NORTHEAST
FLORIDA ASSOCIATION OF REALTORS® School of Real Estate as long as the school
is licensed and operating. The Chief Executive Officer shall be the licensed Broker of the
school and shall at all times maintain sole ownership, control and decision making
authority for said school. The NEFAR Education Director shall serve as the school Chief
Administrator and is to maintain timely course renewals; submit newly developed courses
for approval; and electronically report all class attendance for CE credit to the Department
of Business & Professional Regulation, in a timely fashion.
7.2
EDUCATION REFUND POLICY
a. A full refund will be given to a student who provided a written (no verbal) cancellation
request at least four days in advance of the class start date and time. Registrations paid
via check will be refunded via check within 14 days of the requested refund and
registrations paid via credit card will be refunded via a credit on the credit card account.
At minimum, a $25 fee will be charged for checks returned for insufficient funds or
account closed.
7.3
EDUCATION NO SHOW AND RESCHEDULING POLICY
a. No-shows and cancellations made with less than 48 hours notice will not be refunded
the class fee. Classes may be rescheduled, but only before they occur.
7.4
EDUCATION PRICING
a. There shall be three levels of pricing for all NEFAR education courses, a NEFAR
member price, a FLORIDA REALTORS® member price, and a Non-Member price.
Designation course pricing shall be as agreed by NEFAR and REBAC or the Institute,
Society or Council sponsoring the designation course. At all times, the Education
Department, through the Chief Executive Officer, shall maintain the authority and
flexibility for the selection and pricing of all educational courses.
b. NEFAR offers many CE & non-CE education courses as a member service at no
additional cost. The only member requirement is to make an advance reservation.
7.5
CANCELLATIONS / INCLEMENT WEATHER POLICIES
a. NEFAR reserves the right to cancel any courses for any reason it deems necessary. A
minimum number of students must be enrolled in order for a course to be held. In case
of a course cancellation, every effort will be made to contact all registered students
through their current email address or phone numbers on file in their NEFAR
membership record.
b. Classes will be cancelled when the Public Schools and/or city governments are closed
due to inclement weather or storms or an instructor is ill and a replacement cannot be
found in a timely manner. Classes cancelled due to inclement weather or illness of an
instructor will be rescheduled subject to meeting space and instructor availability.
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7.6
ATTENDANCE AND CERTIFICATE OF COMPLETION
a. All students shall be required to meet the current DBPR class attendance guidelines and
sign in / sign out procedures for CE classes so PLEASE BE PROMPT! If a question
arises concerning a student’s required attendance or sign in / sign out procedures the
concern shall immediately be directed to the Chief Executive Officer for review. After
reviewing all information and documentation, should the Chief Executive Officer deem
the student as failing to meet the DBPR class attendance guidelines or sign in sign out
procedures for a CE class, the student shall not receive CE credit. The Chief Executive
Officer’s decision shall be final without appeal. THERE SHALL BE NO EXCEPTIONS
TO THIS CE POLICY REQUIREMENT FOR ANY REASON!
b. At the end of a CE course you will receive a signed certificate of completion provided
you have met all DBPR class attendance requirements and sign in sign out procedures.
A certificate of completion will not be issued if the requirements are not fully met. If a
certificate is misplaced or damaged, a new one will be issued at a cost of $10 per
certificate.
7.7
GENERAL EDUCATION INFORMATION
a. The Department of Business & Professional Regulation sets the continuing education
requirement for licensure of Sales-Associates. For those new Sales-Associates the
continuing education requirement is to complete an approved 45 hr post-licensing
course prior to the end of the first licensing period (18-24 months depending on time
licensed) and pass an exam. If this requirement is not timely met, the license will
automatically become null and void.
b. NEFAR offers the following that qualify for the Sales-Associates 45 hr post-licensing
requirement:
1. 45 hour post licensing course, in classroom format.
2. GRI -1 course which qualifies for 45 hr post licensing and completes one of three
required classes for a GRI Designation.
3. 45 hr post licensing online.
c. After their first licensing period, the DBPR continuing education requirement for all
real estate licensees is completion of fourteen (14) hours of continuing education credits
(CEU’s) every two years, three of which must be core law.
NEFAR offers the following courses that qualify toward the 14-hour requirement:
1. Individual 3 hr CE courses at NEFAR classroom and online
2. 3 HR Core Law Course at NEFAR classroom and online.
3. 14 hr course online includes Core Law
4. GRI -1 Course which qualifies for 45 hr post licensing and completes one of three
required classes for a GRI Designation.
5. 45 hr post licensing online.
The online version at www.nefar.com requires a licensee/member to complete and pass
an online exam to receive the credit.
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7.8
EDUCATION REGISTRATION PROCESS
a. A member may register for an education course online, by fax, mail, or e-mail. Payment
must accompany the registration form in order to be processed. Make checks payable to
NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, AMEX, Visa, MasterCard,
and Discover are also accepted.
7.9
MEMBER SPECIAL NEEDS
a. The member shall notify the association of any special needs or requirements not later
than three days in advance of the class date and preferably at time of registration. The
NEFAR School of Real Estate and NEFAR shall attempt to meet all reasonable requests
for a student to attend.
SECTION 8 - PROFESSIONAL STANDARDS & GRIEVANCE
8.1
ARBITRATION FILING
a. The fee to file for arbitration with NEFAR is five hundred dollars $500. A portion of this
fee may pay for administrative overhead and Association Attorney fees.
b. The Professional Standards Committee will offer mediation in lieu of arbitration should
the parties request and agree to mediate.
c. The Grievance Committee normally meets monthly to review arbitration requests and
ethics complaints.
d. In the event, the respondent fails or refuses to sign the Response and Agreement form,
fails or refuses to make the required deposit, or fails or refuses to take part in the
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arbitration hearing, the arbitration hearing may be scheduled and conducted in the
absence of the respondent.
e. If the parties settle before the arbitration hearing, two hundred and fifty dollars ($250.00)
of each party’s arbitration deposit shall be retained by the Association to cover the costs
incurred up to the point of settlement of the dispute.
f.
NEFAR does not offer an opportunity for the parties to an arbitration to settle prior their
dispute, after adjournment of the arbitration, but prior to the panel’s executive session.
g. If the parties settle their dispute, after adjournment of the arbitration, but prior to the
panel’s executive session, half of each party’s deposit should be retained by the
Association to cover the costs incurred up to that point of settlement.
h. The Association will return the arbitration deposit to any party that is 100% prevailing,
after an arbitration has been conducted.
8.2
ATTORNEY REPRESENTATION DURING ARBITRATION
a. If any party to an arbitration hearing or professional standards hearing is represented by
legal counsel then NEFAR may have legal counsel present at the arbitration or
professional standards hearing. NEFAR’s legal counsel shall review all professional
standards decisions and findings of fact prior to dissemination by NEFAR to the parties.
If no appeal is filed, the decision will be final and binding once ratified by the Board of
Directors. The award of arbitrators is valid and binding once rendered, executed, and
served on the parties, and is not subject to review or appeal.
8.3
REQUESTS FOR PROCEDURAL REVIEW OF AN ARBITRATION HEARING.
a. The appealing party, after official notice shall have 20 days in which to file a written
request for procedural review, accompanied by a deposit in the sum of five hundred
dollars ($500.00).
b. The amount of the deposit a request for a procedural review of an arbitration hearing is
five hundred dollars ($500).
c. Parties may not audio tape, video or record or have a court reporter at a hearing.
d. The Association’s taping of hearings is reserved for internal Association purposes. A
copy can be purchased by a party after execution of a memorandum outlining certain
terms and conditions.
e. NEFAR does not provide transcription or court reporting services.
8.4
AWARDS
a. If an award has been rendered, the non-prevailing party must, within the prescribed
number of days following receipt of the award, pay the award to the prevailing party(s)
named in the award.
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b. If a request for a procedural review is received within twenty (20) days, the funds
deposited with the Association shall be retained until the review is completed
8.5
HEARINGS
a. A Hearing Panel shall have access to review copies of complaint/reply and arbitration
request/response at least five (5) working days prior to the hearing.
b. The Professional Standards Administrator shall attend all Grievance Committee
meetings, and Professional Standards Hearings and Appeals. The Chief Executive
Officer may attend all Grievance Committee meetings and Professional Standards
Hearings and Appeals.
8.6
MEDIATION
a. The Professional Standards Committee will provide mediation to members free of
charge, for arbitrable matters.
b. Parties are offered mediation service after their arbitration request is reviewed by the
Grievance Committee, and the matter is considered arbitrable.
c. NEFAR does not offer mediation services for non-arbitrable issues.
8.7
TRAINING
a. A training program will be available each year to educate the Professional Standards
and Grievance Committees.
8.8
RESPONSE
a. A reply to ethics complaint and/or arbitration request is solicited prior to the Grievance
Committee meeting. The respondent will be notified that an ethics complaint or request
to arbitrate complaint has been filed and a reply or response is expected before the
Grievance Committee makes its determination to forward the ethics complaint or
arbitration request.
b. The number of days for a reply or response to an ethics complaint or request for
arbitration to be filed will be 15 days.
c. All Ethics hearing files shall be shredded after all appellate rights have been exhausted
and any discipline imposed complied with - saving only the final decisions for the
participant's files. Said final decisions to be saved in a participant file on the
Association’s internal server. If password protected the Professional Standards
Administrator shall provide the passwords and immediately provide any updated
passwords to the Chief Executive Officer and to the Accounting and Systems Manager.
At no time shall passwords or access be withheld from either.
8.9
INTERBOARD ARBITRATIONS
a. Should a NEFAR member desire to initiate Interboard arbitration with a Realtor®
member of another board in Florida, the written request must be initiated in writing to the
NEFAR Professional Standards Administrator who shall arrange Interboard arbitration
with the other board. Procedures are outlined in the Code of Ethics and Arbitration
manual, which may be purchased from the National Association of Realtors®.
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8.10
OMBUDSMAN PROGRAM
a. In September 2013, NEFAR updated its Strategic Plan noting the importance of member
communication with the public as well as knowledge and application of the REALTOR®
Code of Ethics.
b. The National Association of REALTORS® has provided local and state associations with
the ability to adopt an Ombudsman Program.
c. In February 2015, NEFAR’s 2015 Board of Directors approved the development of an
Ombudsman Program for use by NEFAR members and the public, to be in place no later
than January 1, 2016.
8.11
CHARACTERISTICS AND DUTIES OF THE OMBUDSMAN
a. Ombudsman will serve on an annual term with that year’s Professional Standards
Committee. Cases will be assigned to Ombudsman participant(s) during the term on a
rotating basis with each individual service period not to exceed one month (“Individual
Service Block”).
b. An Ombudsman should expect up to eight (8) calls during the Individual Service Block.
1. An Ombudsman should check his/her e-mail several times a day during
his/her Individual Service Block for receipt of new requests.
c. An Ombudsman
1.
2.
3.
4.
5.
6.
d. The Ombudsman
1.
2.
3.
4.
5.
6.
7.
8.
Keeps all information confidential.
Provides service for the participants.
Is an active, experienced REALTOR®
Should have a minimum of 3 years experience in the Professional
Standards process of NEFAR.
Is a volunteer – not paid staff.
Must be impartial – cannot take sides or determine who is right or
wrong.
Listens to the complainant’s concerns.
Ascertains complainant’s desired outcome (revocation of license,
sanctions, apology, money, etc.)
Explains possible avenues that might resolve the issue or reach
the desired outcome.
Answers general questions and/or procedural questions.
Contacts the potential respondent to explain the complainant’s
concerns and desired outcome.
Tries to bring resolution.
Reports back to the complainant.
Explains the complainant’s rights after the completion of the
Ombudsman process.
e. If the Ombudsman process is unsuccessful, the complainant has several options.
1.
The complainant may file an ethics complaint with NEFAR.
2.
The complainant may obtain legal advice.
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3.
4.
5.
f.
The complainant may file a formal complaint with Florida’s
Department of Business and Professional Regulation – Division of
Real Estate.
The complainant may be offered mediation after a Request and
Agreement to Arbitrate is filed.
The complainant may seek outside mediation services and/or civil
remedy.
The Ombudsman service works in conjunction with our REALTOR® Professional
Standards process.
1.
Once the Ombudsman service commences as to a particular
matter, the 180- day filing deadline set forth in the COEAM for the filing of
ethics complaints or arbitration requests is suspended until the
Ombudsman service has concluded.
g. The Ombudsman’s responsibilities to NEFAR.
1.
Attempt to call the complainant within 48 hours.
2.
After two or three attempts to call the complainants and no
response is forthcoming, discontinue the call.
3.
Notify NEFAR’s Professional Standards Administrator (“PSA”)
immediately if complainant cannot be reached.
4.
Email completed Ombudsman Log to the PSA within 48 hours of
closing the file.
5.
After all materials related to this matter are emailed to the PSA,
shred these materials or return them to the PSA for proper
disposal.
8.12 CITATION PROGRAM
a. The Board of Directors approved a NEFAR citation policy for Grievance and
Professional Standards adhering to the guidelines of the National Association of
Realtors' model citation policy to be implemented January 1, 2017 as follows:
1.
if an ethics complaint is reviewed by the grievance committee and
found to include an allegation of possible violation of article 12 of
the code of ethics, the case will be reviewed by a citation panel,
which would be a three-person subset of the grievance committee;
2.
if the citation panel determines that the complaint only cites an
article 12 violation, they would issue a citation to the respondent.
the citation would provide the respondent with an option to
"accept" the citation, by paying a reduced administrative fee of
$100 and a fine, within 20 days of the date of the citation, or the
respondent cannot accept the citation, thereby requesting an
ethics hearing be conducted, by filing their challenge forms and a
reply;
3.
the fine would be escalating: $100 for a 1st offense; $500 for a
2nd offense; and $1000 for a 3rd offense; and
4.
a copy of the ethics complaint, as received, would be provided to
the respondent, along with the citation.
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SECTION 9 – LOCK BOX AND KEY ACCESS
9.1
LOCK BOX POLICY
a. It is the policy of NEFAR to provide a lock box system, as an Association member
service, that is compliant with and meets all security measures and requirements as
specified by the National Association of Realtors®. The Vendor/Association may sell lock
boxes and lease a lock box key or key access software to all REALTOR® members in a
local association in any state under universal access to services rights. At no time shall
there be more than one approved vendor or active lock box system.
b. Designated REALTOR® applicants may lease the electronic key or electronic key
access software and may purchase electronic lock boxes on a provisional basis until
their Membership is approved by the Board of Directors and they are duly inducted into
the Association. If the Designated REALTOR® is not approved for membership the
Designated REALTOR® shall immediately return the leased electronic key or electronic
key.
c. NEFAR has contracted with GE Supra to provide and maintain the Supra I-box lock box
system for the convenience and use of its Realtor® members. The Supra I-Box lock box
system is the only approved lock box system of the NORTHEAST FLORIDA
ASSOCIATION OF REALTORS®. Use of any other lock box may increase personal
liability for the Broker and Sales Associate using a non-approved lock box. The Supra IBox system is provided as a Realtor® Association service and is available to Realtor®
members only.
d. NEFAR does, however, provide limited “Call Before Showing” (CBS) affiliate access for
its affiliate members who are properly licensed for home inspections and pest control
reports. Said affiliate access is provisional and subject to periodic background checks.
NEFAR provides system access by leasing Active Key equipment or leasing E-Key
software for approved phones and PDA’s.
e. It is NEFAR policy that the Sub-lease agreement shall be executed by all parties leasing
an E-Key access or D- Key. The Sub-lease agreement stipulates the terms and
conditions under which the key or key access is leased and penalties that may be
imposed by not timely returning.
f.
It is policy that:
1. Keyholder is obligated to return all equipment within 48 hours of membership
termination or suspension.
2. Keyholder may not loan their assigned key or key access to anyone. This is
strictly prohibited for security reasons and is grounds for immediate termination
of Keyholder’s service without notice.
3. Keyholder may only possess one key or key access at any given time.
4. Keyholder must pay key replacement costs, as set forth in the Sub-lease
agreement, should they lose their current key.
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5. Keyholder acknowledges and understands any outstanding debts or payments to
NEFAR will be handled by a collection agency and reported to all credit reporting
services.
6. Keyholder must pay a $25 reactivation fee to reactivate their service if it has
been interrupted due to Keyholder’s default or non-payment of fees.
7. Keyholder’s Sublease agreement remains in full effect, whether service has been
terminated or not, until all leased equipment has been turned into NEFAR. If not
timely turned in additional fees may apply.
8. Keyholder acknowledges terms of the sub-lease agreement may be modified by
NEFAR as needed and those changes shall be binding on all current Keyholders.
g. It is NEFAR’s policy to invoice for Active Key service in September with a due date of
October 26. If payment has not been received by October 26 the Active Key service will
be interrupted and a $25 late fee and a $25 reactivation fee will be added to the amount
owed.
9.2
E-KEY ACCESS
a. Members shall sign a sub-lease agreement and provide a current credit card account,
which shall be debited monthly, in advance, by Supra for the monthly E-Key lease fee.
b. Should an E-Key account be delinquent or a credit card declined, the account shall be
suspended for non-payment. A reactivation fee as designated by Supra shall be required
to have the account reinstated.
9.3
ACTIVE KEY ACCESS (FINAL PHASE OUT EFFECTIVE OCTOBER 26, 2017)
a. Member shall sign a sublease agreement and pay the required annual fee and activation
fee to obtain Active Key access. Member shall acknowledge receipt of a copy of their
sublease agreement.
b. Active Key access terms and conditions shall be as stated in the sub-lease agreement
unless modified and published by NEFAR.
c. Delinquent Keyholder’s accounts and any outstanding debt or payments due to the
NORTHEAST FLORIDA ASSOCIATION OF REALTORS® will be handled through a
local collection agency and may be reported to all credit reporting services.
d. The annual Active Key lease fee is due October 26, annually. A $25 late is applied on
October 27 and Active Key service shall be suspended at that time. An additional $25
reactivation fee, in addition to the $25 late fee, will then be required to reinstate the
account and service.
e. Annual Active Key invoices are mailed in September and due not later than October 26.
Invoices are mailed to the Keyholder’s/member’s preferred mailing address (business,
home or other) as indicated by the member in the current NEFAR database. It is the
member’s obligation to keep a current preferred mailing address on file with NEFAR.
f.
Keyholder shall return the ActiveKey, power source and USB cable within 48 hours of their
membership suspension or termination. Lease fees shall continue until all equipment is
returned.
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g. Keyholder shall pay replacement costs of $249.00 for any ActiveKey that is lost, damaged
or destroyed or as damages to be paid by Keyholder for failing to return the Equipment
upon termination of their Lease.
9.4
SYSTEM FEE INCREASE
a. The system fee for both ActiveKey and E-Key shall increase two percent annually on
October 27 per the operating agreement.
9.5
LOANING OF KEY, KEY ACCESS AND KEY POSSESSION
a. KEYHOLDER shall not loan their assigned Key or Key access as it is strictly prohibited
under the lease terms. Loaning of Keys or Key accesses shall be grounds for immediate
termination of the Keyholder’s service without any further notice from NEFAR.
b. Keyholder shall not possess more than one Key or Key access at any given time. If a
Key is lost or requires replacement for any reason, the replacement cost for the Key
shall be as set forth in the Lease.
9.6
AFFILIATE ACTIVE KEY/E-KEY ACCESS
a. Affiliate Active Key/E-KEY access is available only to Primary and Secondary Affiliate
members who are licensed through DBPR as a Home Inspector or licensed under the
State of Florida as a Pest Control operator or employee (WDO). Either request, for
Home Inspector or WDO Inspector KEY access requires a non-refundable payment of
$25 for a preliminary back ground check through the Florida Department of Law
Enforcement (FDLE). Should such back ground check reveal any felonies and or
misdemeanors on the Affiliate applicant, the NORTHEAST FLORIDA ASSOCIATION OF
REALTORS® has the right to deny the Affiliate application for key access without
recourse. .
b. Affiliate Keyholder understands this is a provisional lease and may be terminated at any
time if the NORTHEAST FLORIDA ASSOCIATION OF REALTORS® finds any
derogatory information through a future background check.
c. Affiliate active key access is provisional upon Keyholder having at all times a general
liability insurance policy in effect and shall provide a copy upon NEFAR's request.
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SECTION 10 - INDEMNIFICATION & LEGAL POLICY
10.1
HARASSMENT
a. Any member of NEFAR may be reprimanded, placed on probation, suspended or
expelled for harassment of an NEFAR employee or NEFAR officer or director after a
hearing in accordance with the procedures established by the Association. Disciplinary
action may consist of any sanction authorized in the NAR Code of Ethics and Arbitration
Manual. As used in this section, harassment means any verbal or physical conduct
including threatening or obscene language, unwelcome sexual advances, stalking,
action including strikes, shoves, kicks or other similar physical contacts, or threats to do
the same, or any other conduct with the purpose or effect or unreasonably interfering
with an individual’s work performance by creating a hostile, intimidating or offensive work
environment. The decision to the appropriate disciplinary action to be taken shall be
made by an investigatory team comprised of the President, President Elect and/or
Secretary and one member of the board of directors selected by the highest-ranking
officer not named in the complaint, upon consultation with NEFAR legal counsel. If the
complaint involves the President, President Elect or Secretary, they may not participate
in the proceedings and shall be replaced by the immediate past president or,
alternatively, by another member of the board of directors selected by the highestranking officer not named in the complaint.
10.2
DEFENSE AND INDEMNIFICATION OF OFFICERS AND DIRECTORS
a. In the event of suits or claims in which one or more current or past officers or directors or
employees of the Association are named as a result of their status as such, or decisions
or actions taken in good faith and reasonably understood to be within the scope of their
authority or employment during their term as such, NEFAR shall, directly or through
insurance secured for the benefit of such officers and directors and employees, secure
counsel to act on behalf of and provide a defense for such officers, directors and
employees; pay reasonable defense expenses incurred in advance of final disposition of
such case; and indemnify such officers, directors and employees with respect to any
liability assessed or incurred as a result of any such claim, suit or action. The above
stated defense and indemnification of officers, directors and employees shall extend to
those individuals when serving at the request of NEFAR as a director, officer or
employee of another entity, but only after indemnification and insurance coverage from
such other entity has been exhausted.
10.3
CONFLICT OF INTEREST
NEFAR’S Conflict of Interest Policy: (a) defines conflicts of interest; (b) identifies classes of
individuals within NEFAR covered by this policy; (c) facilitates disclosure of information that may
help identify conflicts of interest; and (d) specifies procedures to be followed in managing
conflicts of interest.
a. Definition of conflict of interest: A conflict of interest arises when a person in a position of
authority over NEFAR may benefit financially from a decision he or she could make in
that capacity, including indirect benefits such as to family members or businesses with
which the person is closely associated. This policy is focused upon material financial
interest of, or benefit to, such persons.
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b. Individuals covered. Persons covered by this policy are NEFAR’S Officers, Directors,
Chief Executive Officer and Exempt Employees.
c. Facilitation of disclosure. Persons covered by this policy will annually disclose or update
to the President as Chair of the Board of Directors on a form provided by NEFAR their
interests that could give rise to conflicts of interest, such as a list of family members,
substantial business or investment holdings, and other transactions or affiliations with
businesses and other organizations or those of family members.
d. Procedures to manage conflicts: For each interest disclosed to the Chairman of the
Board of Directors, the Chairman will determine whether to: 1) take no action; 2) assure
full disclosure to the Board of Directors and other individuals covered by this policy; 3)
ask the person to recuse from participation in related discussions or decisions within
NEFAR; or 4) ask the person to resign from his or her position in NEFAR or, if the
person refuses to resign, become subject to possible removal in accordance with
NEFAR’S removal procedures. NEFAR’S Chief Executive Officer will monitor proposed
or ongoing transactions for conflicts of interest and disclose them to the President to
deal with the potential or actual conflicts, whether discovered before or after the
transaction has occurred.
10.4
WHISTLEBLOWER POLICY
NEFAR’S Whistleblower Policy: (a) encourages staff and volunteers to come forward with
credible information on illegal practices or serious violations of adopted policies of NEFAR; (b)
specifies that NEFAR will protect the person from retaliation; and (c) identifies where such
information can be reported.
a. Encouragement of reporting: NEFAR encourages complaints, reports or inquiries about
illegal practices or serious violations of NEFAR’S policies, including illegal or improper
conduct by NEFAR itself, by its leadership, or by others on its behalf. Appropriate
subjects to rise under this policy would include financial improprieties, accounting or
audit matters, ethical violations, or other similar illegal or improper practices or policies.
Other subjects on which NEFAR has existing complaint mechanisms should be
addressed under those mechanisms, such as raising matters of alleged discrimination or
harassment via the Chief Executive Officer, unless implicated in the wrongdoing then it
shall be addressed by NEFAR’S legal counsel. This policy is not intended to provide a
means of appeal from outcomes in those other mechanisms.
b. Protection from retaliation: NEFAR prohibits retaliation by or on behalf of the NEFAR
against staff or volunteers for making good faith complaints, reports or inquiries under
this policy or for participating in a review or investigation under this policy. This
protection extends to those whose allegations are made in good faith but prove to be
mistaken. NEFAR reserves the right to discipline persons who make bad faith, knowingly
false, or vexatious complaints, reports or inquiries or who otherwise abuse this policy.
c. Where to report: Complaints, reports or inquiries may be made under this policy on a
confidential or anonymous basis. They should describe in detail the specific facts
demonstrating the bases for the complaints, reports or inquiries. They should be directed
to the Chief Executive Officer or NEFAR’S President; if both of those persons are
implicated in the complaint, report or inquiry, it should be directed to NEFAR’S legal
counsel. NEFAR will conduct a prompt, discreet, and objective review or investigation.
Staff or volunteers must recognize that NEFAR may be unable to fully evaluate a vague
or general complaint, report or inquiry that is made anonymously.
10.5
JOINT VENTURE POLICY
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NEFAR’S Joint Venture Policy requires NEFAR to evaluate its participation in joint venture
arrangements under Federal tax law and take steps to safeguard NEFAR’s exempt status with
respect to such arrangements. It applies to any joint ownership or contractual arrangement
through which there is an agreement to jointly undertake a specific business enterprise,
investment, or exempt-purpose activity as further defined in this policy.
a. Joint ventures or similar arrangements with taxable entities: For purposes of this policy,
a joint venture or similar arrangement (or a “venture or arrangement”) means any joint
ownership or contractual arrangement through which there is an agreement to jointly
undertake a specific business enterprise, investment, or exempt-purpose activity without
regard to:
(1) whether NEFAR controls the venture or arrangement;
(2) the legal structure of the venture or arrangement; or
(3) whether the venture or arrangement is taxed as a partnership or as an association or
corporation for federal income tax purposes. A venture or arrangement is disregarded if
it meets both of the following conditions:
(a) 95% or more of the venture’s or arrangement’s income for its tax year ending
within NEFAR’S tax year is excluded from unrelated business income
taxation [including but not limited to:
(i) dividends, interest, and annuities;
(ii) royalties;
(iii) rent from real property and incidental related personal property except to
the extent of debt-financing; and
(iv) gains or losses from the sale of property]; and
(b) the primary purpose of NEFAR’S contribution to, or investment or
participation in, the venture or arrangement is the production of income or
appreciation of property.
b. Safeguards to ensure exempt status protection. NEFAR will:
(1) negotiate in its transactions and arrangements with other members of the venture or
arrangement such terms and safeguards adequate to ensure that NEFAR’S exempt
status is protected; and
(2) take steps to safeguard NEFAR’S exempt status with respect to the venture or
arrangement. Some examples of safeguards include:
(a) control over the venture or arrangement sufficient to ensure that it furthers the
exempt purpose of NEFAR;
(b) requirements that the venture or arrangement gives priority to exempt
purposes over maximizing profits for the other participants;
(c) that the venture or arrangement not engage in activities that would jeopardize
NEFAR’S exemption; and
(d) that all contracts entered into with NEFAR be on terms that are arm’s length
or more favorable to NEFAR.
10.6
POLICY FOR DETERMINING COMPENSATION
The NORTHEAST FLORIDA ASSOCIATION OF REALTORS® policy on the process for
determining compensation applies to the chief executive officer, officers or key employees
employed by the Organization.
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The compensation process includes all of these elements: (1) review and approval by the
executive committee or the board of directors of the Organization; (2) use of data as to
comparable compensation; and (3) contemporaneous documentation and recordkeeping.
1. Review and approval. The compensation of the person is reviewed and approved by the
executive committee or the board of directors of the Organization, provided that persons
with conflicts of interest with respect to the compensation arrangement at issue are not
involved in this review and approval.
2. Use of data as to comparable compensation. The compensation of the person is reviewed
and approved using data as to comparable compensation for similarly qualified persons in
functionally comparable positions at similarly situated organizations.
3. Contemporaneous documentation and recordkeeping. There is contemporaneous
documentation and recordkeeping with respect to the deliberations and decisions regarding
the compensation arrangement.
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SECTION 11 – GOVERNMENT AFFAIRS POLICY
11.1
CANDIDATE SUPPORT
a. The NORTHEAST FLORIDA ASSOCIATION OF REALTORS® shall encourage all
members to vote and to actively support candidates of their choice.
11.2
LEGISLATIVE SPOKESPERSON
a. The Government Affairs Director may act as an official NEFAR media spokesperson for
legislative issues. The President, Chief Executive Officer and Communications Director\
remain as official spokespersons on all NEFAR matters.
b. It is policy that no NEFAR member may represent themselves as presenting the NEFAR
opinion or position on any legislative issue in public testimony, written or oral
communication, with any governmental agency or representative or any segment of the
media without prior approval of the Board of Directors.
11.3
LEGISLATIVE ISSUES
a. It is policy that NEFAR opposes any and all legislation which prohibits, diminishes or
discourages private property rights, or creates barriers or hardships on the ability to own
property.
11.4
EARLY FUNDING FOR LOCAL CANDIDATES
a. It is policy that the Association may, in very limited situations, provide early support and
RPAC funding to a local candidate in Northeast Florida without the normal screening
process. Such candidate should meet some of the following criteria:
1. An elected official who strongly supported legislation or an ordinance which was
important to the real estate industry.
2. An elected official who strongly supported the real estate industry during their
tenure and made extraordinary efforts to maintain a positive working relationship
with the Association and its leadership.
3. An elected official who has been an exceptional public servant during their tenure
in office and has been open and accessible to the Association members and
staff.
4.
A NEFAR member who has a demonstrable record of being a successful,
productive, working Realtor over a period of years, and who is a strong, viable
candidate for public office, as well as a positive reflection on the Realtor
Association.
5.
A candidate that clearly demonstrates viability by having earned broad-based
support from within the community, including the real estate industry.
6. A candidate that has raised a considerable amount of money and should receive
at least tacit support from their political party leadership.
11.5
POLITICAL SIGNS
a. It is policy that NEFAR does not allow political signs on its properties whether or not the
candidate is endorsed by the Association.
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11.6
RPAC REPORTING PROCEDURE
a. REALTORS® Political Action Campaign (RPAC) contributions require all contributions to
be recorded separately for personal and corporate contributions. In such cases, when a
check is submitted to State and National Associations, it must be accompanied by a
detailed report and breakdown of all deposits showing personal and corporate
contributions separately and listing the names of all contributors with amounts given plus
a copy of the original check and contribution form(s) if any.
11.7
CALLS TO ACTION
a. It is policy that NEFAR email NAR, FR and local calls to action to all members at their
current email address in the membership database.
11.8
KEY CONTACTS
a. It is policy that NEFAR maintain key contacts with the state legislators and local elected
officials.
11.9
LOBBYING EXPENDITURES
a. NEFAR engages in limited lobbying to advance its mission. It is NEFAR policy to adhere
strictly to any limitations on lobbying expenditures imposed by the Internal Revenue
Service. Lobbying expenditures are reported annually to the IRS on Form 990.
b. To ensure adherence to this policy, lobbying expenditures must be included in the
annual NEFAR budget or authorized in advance by the Board of Directors.
c. Both expenditures and staff time must be allocated for lobbying activities as defined by
the IRS.
11.10
DEFINITION OF LOBBYING
a. Lobbying is generally defined as communicating, directly or indirectly, with policymakers
for the purpose of trying to influence legislation, whether federal, state, local, or foreign
(non-U.S.).
b. U.S. law divides lobbying into two principal categories: “direct” lobbying and “grassroots” lobbying.
1. Direct lobbying involves communications that
a) Are directed towards government officials;
b) Refer to specific legislation; and
c) State or strongly imply a position on it.
2. Grass-roots lobbying involves communications that
a) Are directed to segments of the general public;
b) Refer to specific legislation;
c) State or strongly imply a position on the legislation; and
d) Encourage the recipient of the communication to contact government
officials with respect to the specific legislation. (This is called a “call to
action.”)
c. In order to be considered lobbying, an activity must generally meet all the parts of either
one definition or the other. In addition, there are certain exceptions to the definitions of
lobbying that may apply.
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